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Arguing Marbury v. Madison de Mark Tushnet

Arguing Marbury v. Madison

Editat de Mark Tushnet
en Limba Engleză Paperback – 8 aug 2005
Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marburys intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marburys importance.

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Specificații

ISBN-13: 9780804752275
ISBN-10: 0804752273
Pagini: 224
Dimensiuni: 152 x 229 x 13 mm
Greutate: 0.31 kg
Ediția:1
Editura: Stanford University Press
Colecția Stanford Law and Politics

Recenzii

"Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual "Jones" for any self-respecting Supreme Court junkie."—Law and Politics Book Review

"Arguing Marbury v. Madison highlights the legal issues of Marbury, the historical background of the case, important issues concerning the establishment of judicial review, and equally important issues concerning the justification of judicial review. This is a wonderful introduction to judicial review in all its dimensions." —Mark Graber, University of Maryland

"Marbury v. Madison has become the very symbol of modern constitutionalism, and as the practice of imposing legal limits on government and subjecting government officials to constitutional review has spread across the globe, the seeming importance of this case from the early days of the American republic has only grown. This volume assembles an excellent and diverse group of scholars who deepen and enrich our understanding of this case and what it has come to mean, puncturing the myths of Marbury while exploring the balance between democracy and rights. This reassessment of Marbury could not be more timely." —Keith Whittington,Princeton University

Notă biografică

Mark Tushnet is Carmack Waterhouse Professor of Constitutional Law at Georgetown University.

Textul de pe ultima copertă

“Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual “Jones” for any self-respecting Supreme Court junkie.”—Law and Politics Book Review
“Arguing Marbury v. Madison highlights the legal issues of Marbury, the historical background of the case, important issues concerning the establishment of judicial review, and equally important issues concerning the justification of judicial review. This is a wonderful introduction to judicial review in all its dimensions.” —Mark Graber, University of Maryland

Descriere

Designed to fill the need for an accessible introduction to Marbury and the topic of judicial review, this book presents the unique transcript of a reenactment of the argument of Marbury v. Madison, argued by constitutional scholars before a bench of federal judges. Following the transcript are essays on the case and its significance today.