Constitutional Law: Judicial Review of a Railroad Valuation by the Interstate Commerce Commission under Act of March 1, 1913

1927 ◽  
Vol 26 (1) ◽  
pp. 103
1910 ◽  
Vol 4 (4) ◽  
pp. 537-554
Author(s):  
James Wallace Bryan

The new railroad bill considerably widens the domain of federal control over interstate railroad transportation, and should serve to elevate the Interstate Commerce Commission to a position of correspondingly enhanced influence. New matters have been subjected to the jurisdiction of that body, and its powers in those matters already confided to it are substantially augmented in important particulars. But interesting as are these portions of the new law in themselves, they represent in the main nothing more than extensions and elaborations of principles already firmly established in former Acts regulating interstate commerce. To the student of constitutional law they present no problem that has not been thoroughly discussed in the debates over previous bills or settled by the courts. His attention, however, is at once arrested by the court feature of the new bill, although this occupied a position of secondary importance in the debates in Congress. This newly created Court of Commerce represents a notable innovation in the judicial system of the United States. It is a tribunal unlike any other known to American law, and its establishment warns us that even the judiciary may not wholly escape the effect of the universal tendency toward specialization which is such a prominent feature of modern life.


2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.


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