Sentences with phrase «judicial supremacy in»

In Jefferson's letter of September 28, 1820 to William C. Jarvis, from which I quoted earlier his line about judicial «despotism,» he explained his opposition to judicial supremacy in constitutional interpretation as follows:

It was that the decision threatened to undermine the basic principles of republican government precisely by establishing judicial supremacy in matters of constitutional interpretation.

The idea of judicial supremacy — or the idea that the supremacy of the Constitution entails judicial supremacy in constitutional interpretation — has come to be so widely held not only in the legal profession but also by the public at large that today it seems unremarkable.

Not exact matches

Granting the Supreme Court supremacy in conducting discourse about values through the mechanism of judicial review disempowers the people from full participation in their government and their communities.

It provides a good warning to conservatives against falling into the trap of defending the idea of «judicial supremacy» in their critique of the president's statement about a «group» of unelected people striking down a congressional law.

It provides a good warning to conservatives against falling into the trap of defending the idea of «judicial supremacy» in their critique of the president's statement about a «group» of unelected people striking down....

The occasion for Lincoln's declaration of implacable opposition to judicial supremacy had been a decision which, above all others, stained the Court's reputation as an institution dedicated to, as it says above the entrance to the Marble Temple in Washington, D.C., «equal justice under law.»

It is ironic that the declaration of judicial supremacy made by the Warren Court came in the context of the Court's efforts to enforce a ruling in the cause of racial equality and civil rights.

In office, Lincoln gave effect to his position against judicial supremacy by consistently refusing to treat the Dred Scott decision as creating a rule of law binding on the executive branch.

Lincoln, in contrast, viewed judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.

I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national constitutional or apex courts can provide necessary checks and balances on the ECJ enormous judicial power.

Like Volokh, Tribe says, he sees in the concurrence «more of the seeds of an imperious and self - aggrandizing, evin if unintended, assertion of judicial supremacy.»