The Effect of an Unconstitutional StatuteThe Lawbook Exchange, Ltd., 2002 - 355 σελίδες Field, Oliver P. The Effect of an Unconstitutional Statute. Minneapolis: University of Minnesota Press, 1935. xi, 355 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001022508. ISBN 1-58477-181-X. Cloth. $80. * State and federal courts have a long history of deeming statutes unconstitutional. Although there have been a number of treatises on the nature of judicial review, this volume treats the issue of the results of a statute deemed unconstitutional. "The varying meanings of the process of 'declaring a statute unconstitutional' or unenforceable, the meaning of 'unconstitutionality,' the legal effect of the tainted statute or its defective part, and of the decision branding it, are the subject matter of this scholarly and effective book." Edwin Borchard, Yale Law Journal 45:1533. Marke, A Catalogue of the Law Collection at New York University (1953) 397-398. |
Περιεχόμενα
| 1 | |
| 8 | |
| 15 | |
CONCLUSIONS | 37 |
THE STATUS OF A MUNICIPAL CORPORATION | 45 |
Criminal Cases Challenging the Existence of a Court | 101 |
Cases of Crimes Involving Official Status | 107 |
SUMMARY AND CONCLUSIONS | 113 |
PROTECTION OF OFFICERS ACTING OR REFUSING TO | 145 |
RELIANCE UPON DECISIONS AND THE EFFECT | 181 |
GOVERNMENT BONDS AND PRIVATE PROMISES | 198 |
MISTAKE OF LAW AND UNCONSTITUTIONAL | 221 |
THE RECOVERY OF UNCONSTITUTIONAL TAXES | 241 |
AMENDATORY VALIDATING CURATIVE | 274 |
JUDICIAL REVIEW AS AN INSTRUMENT OF GOV | 305 |
TABLE OF CASES | 327 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action amendment applied assailed Attorney Bank Board bonds Chapter claim collateral attack Commrs constitutional constitutionality contract corporate existence County court held declared invalid defective defendant denied district effect eminent domain enacted enforced estopped estoppel ex rel facto corporation facto doctrine facto officer federal governmental ground hold incorporation injunction invalid statute involved Iowa issued judge judgment judicial decision judicial review jure justice Lawbook Exchange legislative legislature liability mandamus Medical Lake ment Minn mistake of law municipal corporation Natl Ohio St opinion organization overruling paid parties payment permitted person plaintiff proceedings question quo warranto reason recover recovery refused res adjudicata result rule situation stare decisis statute authorizing statute creating statutory suit supra Supreme Court taxpayer Tenn tion tional uncon unconstitutional statute United valid void ab initio writ
Δημοφιλή αποσπάσματα
Σελίδα 6 - ... operation, and calls in the aid of the judicial power to pronounce it void, as to him, his property or his rights, that the objection of unconstitutionality can be presented and sustained. Respect for the Legislature, therefore, concurs with well-established principles of law in the conclusion that such an act is not void, but voidable only; and it follows, as a necessary legal inference from this position, that this ground of avoidance can be taken advantage of by those only who have a right...
Σελίδα 1 - Contracts which depend upon it for their construction are void. It constitutes a protection to no one who has acted under it, and no one can be punished for having refused obedience to it before the decision was made.
Σελίδα 1 - An unconstitutional act is not a law ; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.