ZAKONODAVNA SUPREMACIJA I SUDSKI AKTIVIZAM U SJEDINJENIM AMERICKIM DRZAVAMA

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ZAKONODAVNA SUPREMACIJA I SUDSKI AKTIVIZAM U SJEDINJENIM AMERICKIM DRZAVAMA Powered By Docstoc
					ZAKONODAVNA SUPREMACIJA I SUDSKI AKTIVIZAM U SJEDINJENIM AMERICK
Petar Bacic
Pravani Vjesnik; 2009; 25, 2; D
				
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Description: Successive episodes of development of constitutional democracy in the USA and in particular the experience of the judicial supervision paradox indicate that the Supreme Court of the USA has had two different functions: (i) norm enforcement and (2) policy making through Constitution and legislation interpretation in cases coming before the Court to decide. These and other divisions among American jurists demonstrate continuous existence of judicial activism discussions. However, the supporters and critics of judicial activism agree on the fact that judges have been playing an important role in American constitutional process ever since. The case Marbury v. Madison (1803) established the institution of judicial supervision and marked gradual introduction of judicial power into the area of public law; thus enabling further expansion and transformation of judicial powers. In the paper the author follows in the ideas of Montesquieu and assesses his significance in the development of modern (American) constitutionalism in a new way and clearly attaches judicial activism to judicial supervision taking contemporary interpretation into consideration inclining toward the standpoint that judicialising aspect of modern liberalism deserves as much attention as any other dmocratisation aspect . [PUBLICATION ABSTRACT]
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