The Origin And Scope Of The American Doctrine Of Constitutional Law
- Downloads
- Under 100
- First published
- 1893
- Pages
- 43
About this book
The Origin And Scope Of The American Doctrine Of Constitutional Law is an 1893 Harvard Law Review article by James Bradley Thayer (1831-1902), the Harvard Law School professor whose work on the doctrine of judicial review of legislation has shaped American constitutional thought for more than a century. The article argues that an American court should hold an act of the legislature unconstitutional only when the legislature has made a clear mistake, not whenever the court would itself have decided the question differently. Thayer's doctrine of clear-error judicial review influenced Oliver Wendell Holmes Jr., Felix Frankfurter, Learned Hand, and the wider tradition of judicial restraint in twentieth-century American constitutional law. The piece remains a standard reading in American law school constitutional courses.
About the author
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Book facts
- Author
- James Bradley Thayer
- First published
- 1893
- Pages
- 43
- Language
- English
- Genre
- Politics
- Formats
- PDF, EPUB, MOBI, Read online