Judicial Review and the Supreme Court of Washington, 1890–1986

The literature on judicial review by state supreme courts suggests that from the beginnings of the republic until today, state judicial review has shifted generally from what can be called a restraintist departmentalism to an activist “new federalism.” Since statehood in 1889, the Supreme Court of W...

Ausführliche Beschreibung

Gespeichert in:
Bibliographische Detailangaben
Veröffentlicht in:Publius 1987-01, Vol.17 (1), p.69-90
1. Verfasser: Sheldon, Charles H.
Format: Artikel
Sprache:eng
Schlagworte:
Online-Zugang:Volltext
Tags: Tag hinzufügen
Keine Tags, Fügen Sie den ersten Tag hinzu!
Beschreibung
Zusammenfassung:The literature on judicial review by state supreme courts suggests that from the beginnings of the republic until today, state judicial review has shifted generally from what can be called a restraintist departmentalism to an activist “new federalism.” Since statehood in 1889, the Supreme Court of Washington has reacted to constitutional challenges in much the same manner as the high courts of other states. Recently, however, Washington's jurists have forged an independent course by applying the more restrictive aspects of the state constitution to private and governmental intrusions into personal lives rather than relying on the guidelines provided by the federal Constitution and the U.S. Supreme Court. The nature of this second “Golden Age” of state judicial review, because of its effect on federalism rather than the separation of powers, requires appraisal from a new perspective.
ISSN:0048-5950
1747-7107
1747-7107
DOI:10.1093/oxfordjournals.pubjof.a037636