La lettre constitutionnelle de la Cour Rehnquist
The string of decisions by the U.S. Supreme Court from 1995 to 2001 invalidating legislations widely thought to be constitutional represented the major doctrinal innovations during the ChiefJusticeship of William Rehnquist. However ambiguous their holdings and uncertain their impact, these decis...
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| Formaat: | Article ou chapitre numérique |
| Taal: | Français |
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2007
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| Online toegang: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Samenvatting: | The string of decisions by the U.S. Supreme Court from 1995 to 2001 invalidating legislations widely thought to be constitutional represented the major doctrinal innovations during the ChiefJusticeship of William Rehnquist. However ambiguous their holdings and uncertain their impact, these decisions have reactivated judicial suspicion towards Congress, and led many Court observers to wonder where they would lead the High Court if recurrent majorities were to take those precedents to their logical conclusions. By reassessing those decisions through the prism of their judicial methodology, it is possible to shed a new light on them and to better evaluate their short term impact as well as their long term consequences regarding the conservative project of constitutional transformation. |
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