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Overview
One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law.
Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and technicalities of judicial jurisdiction. This work explores the relationship between the two, without drawing on the covert ideological premises of legal liberalism.
Synopsis
One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law.
Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and technicalities of judicial jurisdiction. This work explores the relationship between the two, without drawing on the covert ideological premises of legal liberalism.
Editorials
From the Publisher
"Focusing only on those aspects of the topic that are directly tied to the provision of Article III, section 2, of the US Constitution as opposed to legislatively created issues, Baude examines the development of federal jurisdiction in the United States and examines jurisdiction controversies through American history into the present. About half the work is devoted to historical narrative tracing jurisdiction from the Constitutional Convention through the 1988 Supreme Court decision in Webster v. Doe, concerning the right of the courts to review an employee dismissal decision of the Director of the Central Intelligence Agency. The remainder of the text is devoted to analysis of the constitutional law of federal jurisdiction."
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