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On The Political Balance Role Of U.S Federal Supreme Court Unconstitutional Censorship

Posted on:2009-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:B F WangFull Text:PDF
GTID:2166360275454041Subject:International relations
Abstract/Summary:PDF Full Text Request
As early as 100 years ago,the French Tocqueville point out that all political problems will transfer to Legal issues in his Classic handed down"On Democracy in America" by his sharp observation.Indeed,since Justice Marshall established the Unconstitutional Censorship Right of Supreme Court in the case of Marbury v. Madison in 1804,the,the unique way of Unconstitutional Censorship adopted by the Judiciary which was called "Neither military power,nor the authority" by Hamilton, deeply affect the U.S.Domestic Political and Normal Diplomacy.Schwartz said directly "The Supreme Court is a major Political Institutions and the fate of a strong country in is under its custody" As a result,the Supreme Court is not only the Judiciary,but also a Special Political Institutions.This article attempts to search the formation,development and characteristics of Federal Supreme Court 's Unconstitutional Censorship from Constitutional Framework set up after U.S Independence,further to discuss the balance of U.S Domestic Politics caused by Unconstitutional Censorship Right,as well as what impacts will occur to U.S Diplomatic Security Policy when the first-class Federal Supreme Court perform the Review Right of Unconstitutional.Finally,this paper will explore the Constraints of Supreme Court Unconstitutional Review Right from one side.
Keywords/Search Tags:American Politics, Unconstitutional Censorship, Political Balance, Diplomatic Policy
PDF Full Text Request
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