Judicial supremacy is the idea that the Constitution means for everybody what the Supreme Court says it means in deciding a case. Judicial departmentalism, by contrast, is the idea that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case.
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Judicial departmentalism is the view that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case.
Feb 26, 2018 · Departmentalism has implications both for how judges might exercise their own powers of review and for how executive branch officials conduct ...
This Article probes the concepts of judicial supremacy, departmentalism, popular constitutionalism, and the rule of law, all of which possess relatively ...
JUDICIAL SUPREMACY AND DEPARTMENTALISM. If no plausible account of judicial supremacy deprives citizens of ul- timate control over the meaning of the ...
Apr 1, 2017 · This Article introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy. Judicial supremacy.
Jun 8, 2020 · Judicial review (departmentalism) refers to the power of each branch of government to interpret the Constitution in matters that pertain to it.
This Article probes the concepts of judicial supremacy, departmentalism, popular constitutionalism, and the rule of law, all of which possess relatively ...
Dec 14, 2016 · Abstract. This Essay introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy.
The role of stare decisis in constitutional law is a ubiquitous one. It shows up almost everywhere, leaving controversy and chaos in its wake.
