Read e-book online Comparative Constitutional Law: Cases and Commentaries PDF

By Walter F. Murphy, Joseph Tanenhaus

ISBN-10: 0333231082

ISBN-13: 9780333231081

ISBN-10: 1349035521

ISBN-13: 9781349035526

ISBN-10: 1349035548

ISBN-13: 9781349035540

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If by the statement that what the Constitution meant at the time of its adoption it means today, it is intended to say that the great clauses of the Constitution must be confined to the interpretation which the framers, with the conditions and outlook of their time, would have placed upon them, the statement carries its own refutation. It was to guard against such a narrow conception that Chief Justice Marshall uttered the memorable warning-"We must never forget that it is a constitution we are expounding .

Ultimately, he is subject to removal by a majority of the Bundestag. Moreover, he may not govern by decree even in an emergency. Art. 21's requirement of democratic principles in a party's internal operations can also restrict a chancellor's power. In addition, he, like all other governmental officials, is limited by federalism and a bill of rights, both policed by the Federal Constitutional Court. FEDERALISM The Basic Law divides legislative powers into three categories: those that are exclusively federal, a few residuals that are exclusively Land (state; plural-Laender ), and many that can be concurrently exercised.

Fletcher v. Peck, 6 Cranch 87. 15. s. 186, 217. 16. The leading case is Frothingham v. s. 447 (1923). 17. Flast v. S. 83 (1968). 18. s. 1. 19. Sierra Club v. S. 727 (1972). 20. Ashwander v. S. 288 (1936); the "rules" are contained in Brandeis' separate opinion, pp. 345ff. 21. See generally Crosskey, op. , supra note 10. 17 22. William Anderson, "The Intention of the Framers," 49 Am. Pol. Sci. Rev. 340 (1955). 23. Fletcher v. Peck, supra note 14. 24. S. xlii, xlvii (1942). 25. Reid v. S. 1, 40 (1957), announcing the judgment of the Court; Warren, Douglas, and Brennan joined the opinion.

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Comparative Constitutional Law: Cases and Commentaries by Walter F. Murphy, Joseph Tanenhaus


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