Download The Least Dangerous Branch PDF Book by Alexander M. Bickel . Soft Copy of Book The Least Dangerous Branch author Alexander M. Bickel completely free.
Reviews of : The Least Dangerous Branch by Alexander M. Bickel PDF Book
Inside this Book – The root difficulty is that judicial review is a countermajoritarian force in our system. There are various ways of sliding over this ineluctable reality. Marshall did so when he spoke of enforcing, in behalf of “the people,” the limits that they have ordained for the institutions of a limited government. And it has been done ever since in much the same fashion by all too many commentators. Marshall himself followed Hamilton, who in the 78th Federalist denied that judicial review implied a superiority of the judicial over the legislative power—denied, in other words, that judicial review constituted control by an unrepresentative minority of an elected majority. “It only supposes,” Hamilton went on, ”that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former.” But the word “people” so used is an abstraction. Not necessarily a meaningless or a pernicious one by any means; always charged with emotion, but nonrepresentational—an abstraction obscuring the reality that when the Supreme Court declares unconstitutional.
Inside this book –The Least Dangerous Branch PDF Book by Alexander M. Bickel – In treating of its establishment and justification, I have spoken of judicial review in one sense as if we knew no more about it than what was vouchsafed us in Marbury v. Madison. That is, I have dealt with it at large, as the power to strike down on constitutional grounds both federal and state legislation and executive action. This is, of course, a very gross statement of the matter. It is an attempt to view the function as a whole without examining the process. And it is absurd, except as one may find it convenient for analytical purposes. I did find it convenient to consider arguments that would deny the power of judicial review, whatever the nature and range of the process by which it is exercised; and to counter with the statement of a justification in general terms, which might then serve as a guide in a consideration of the proper nature and range of the process. The artificiality of this approach will not have disguised the fact that it is one and the same inquiry to seek a justification for judicial review and an appreciation of the proper quality and reach of the process; the answers to the two halves of the inquiry determine each other. Nor will it have been missed that the establishment which took place in Marbury v. Madison and the other early cases opened more problems than it settled or than are settled yet. I propose in this and the following chapter to view the process with greater particularity, through a highly selective treatment of certain commentators and schools of thought. I shall be dealing, first, with writers who approach the process from a premise of distrust or, at any rate, reluctance to give it the freest rein; and, sec.
The Least Dangerous Branch by Alexander M. Bickel PDF : eBook Information
- Full Book Name – The Least Dangerous Branch
- Author of this Book – Alexander M. Bickel
- Language – English
- Book Genre – Non-Fiction
- Download Format – PDF
- Size – 2 MB
- eBook Pages – 313
- Price – Free