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...
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Veröffentlicht in: | Publius 1987-01, Vol.17 (1), p.69-90 |
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Format: | Artikel |
Sprache: | eng |
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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. |
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ISSN: | 0048-5950 1747-7107 1747-7107 |
DOI: | 10.1093/oxfordjournals.pubjof.a037636 |