scholarly journals Judges as Superheroes: The Danger of Confusing Constitutional Decisions with Cosmic Battles

2020 ◽  
Author(s):  
H. Jefferson Powell
Keyword(s):  
Constitutional Decisions

Term Limits and the Unconstitutional Constitutional Amendment Doctrine

2019 ◽  
pp. 53-74 ◽  
Author(s):  
David Landau ◽  
Yaniv Roznai ◽  
Rosalind Dixon
Keyword(s):  
Latin America ◽  
Costa Rica ◽  
Term Limits ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Constitutional Change ◽  
Term Limit ◽  
Constitutional Decisions

This chapter examines the interaction between term limit provisions and the unconstitutional constitutional amendment doctrine in Latin America. It illustrates the varied approaches of courts concerning the validity of attempts to amend presidential term limits. In Colombia, the Constitutional Court intervened to prevent what it saw as an undue easing of term limits (after permitting one round of easing); in Venezuela, Ecuador, and Bolivia, courts generally allowed attempts to ease or eliminate term limit using less demanding rather than more demanding procedural routes; and in Costa Rica, Nicaragua, Honduras, and Bolivia, judiciaries deployed the unconstitutional constitutional amendment doctrine in order to eliminate rather than to protect term limits. After mapping the major constitutional decisions issued on this issue in Latin America in recent years, the authors argue that transnational anchoring holds some promise in clarifying the proper scope of control of constitutional change regarding term limits.

Constitutional Law in 1917–1918. II: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1917

1919 ◽  
Vol 13 (2) ◽  
pp. 229-250
Author(s):  
Thomas Reed Powell
Keyword(s):  
Due Process ◽  
The United States ◽  
Eminent Domain ◽  
Fourteenth Amendment ◽  
Turn On ◽  
The Supreme Court ◽  
Due Process Of Law ◽  
Pennsylvania Hospital ◽  
Constitutional Decisions ◽  
Proper Interpretation

There is little or no homogeneity to the questions to be considered under the head of retroactive legislation. A dispute whether a state has passed a law impairing the obligation of contracts may turn on a question as to the proper interpretation or application of language, or on opposing views of what is sufficient consideration or what agreements are against public policy. It was under the obligation-of-contracts clause that the Pennsylvania Hospital case decided that the power of governmental authorities to exercise eminent domain could not be bargained away. The crucial question is more often whether alleged rights existed than whether undoubted rights have been impaired. The Fourteenth Amendment and the doctrine of vested rights combine to make the obligation-of-contracts clause almost superfluous, as it is difficult to think of any impairment of the obligation of contracts which that clause inhibits which could not equally well be held deprivations of liberty or property without due process of law.This is apparent from the fact that retroactive legislation by Congress is questioned under the due-process clause of the Fifth Amendment, a contract being regarded as a property right that can be interfered with only when there is sufficient justification for what is done.

scholarly journals Constitutional Decisions by a Bare Majority of the Court

1921 ◽  
Vol 19 (8) ◽  
pp. 771 ◽  
Author(s):  
Robert Eugene Cushman
Keyword(s):  
Constitutional Decisions

scholarly journals The Constitutional Decisions of John Marshall

1906 ◽  
Vol 19 (7) ◽  
pp. 554
Author(s):  
E. W. ◽  
Joseph P. Cotton
Keyword(s):  
Constitutional Decisions ◽  
John Marshall

Constitutional Law in 1936–37: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1936

1938 ◽  
Vol 32 (2) ◽  
pp. 278-310 ◽  
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Minimum Wage ◽  
New Deal ◽  
Constitutional Law ◽  
Political History ◽  
The United States ◽  
The Supreme Court ◽  
Constitutional Decisions

The 1936 term of the Supreme Court will probably be rated a notable one. This is due both to the Court's own work, and to certain extraneous occurrences which could hardly fail to have some impact upon it. In any attempt to evaluate the work of this term, one should bear in mind the following facts: First, a month after the Court convened President Roosevelt was reëlected by one of the most impressive popular and electoral majorities in our political history. Second, in February the President submitted to Congress his proposal for the reorganization of the Supreme Court, including the enlargement of its membership by the addition, up to fifteen, of a new justice for every one remaining on the Court beyond the age of seventy. This proposal aroused violent opposition, the debates on it continued for many months, and ultimately the plan was defeated largely through the efforts of the President's own party. The discussions on this proposal were going on during much of the time in which the Court was sitting. Third, in every case in which New Deal laws were attacked, they were held valid. These results were accomplished in many instances by five-to-four margins, and in the Minimum Wage Case by a five-to-four reversal of a previous five-to-three decision.

Constitutional Law in 1947–48: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1947

1949 ◽  
Vol 43 (2) ◽  
pp. 275-308
Author(s):  
David Fellman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

There were no changes in the personnel of the Court during the 1947 term. The former Chief Justice, Charles Evans Hughes, Avho had retired from the Court on July 1, 1941, died on August 27, 1948. Justice Hughes had served on the Court from May 2, 1910, to June 10, 1916, and was appointed Chief Justice on February 13,1930, succeeding William Howard Taft. In characteristic fashion, the justices filed during the 1947 term a very large number of dissenting and concurring opinions liberally salted with spirited and often bitter judicial invective.

scholarly journals Autorytarne decyzje dyskrecjonalne w procesie nacjonalizacji w Polsce

2021 ◽  
Vol 43 (2) ◽  
pp. 351-359
Author(s):  
Tadeusz Kocowski
Keyword(s):  
Constitutional Decisions

Nationalisation in Poland took place for and without compensation. Decisions concerning the nationalization of German companies, as declaratory decisions confirming only their adoption by law. The remaining enterprises were taken over on the basis of constitutional decisions. These were discretionary decisions to which, due to the effects caused, it was possible to successfully include the term authoritarian.

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