The Limits of Judicial Review in Constitutional Adjudication

Rudolph, Wallace M. & Rudolph, Janet L.

Journal: Nebraska Law Review

Volume: 63

Year: 1984

Bluebook Citation: 63 NEB. L. REV. (1984)

Author: Wallace M. Rudolph: all 8 publications


Abstract

Constitutional adjudication presently requires that in order for a party to challenge a governmental act he must claim that the act has violated his constitutional rights. The purpose of this article is to show that such a requirement undermines constitutional limits on governmental actions and is inconsistent with a proper interpretation of the Constitution. I. Introduction II. The Police Power III. The Government Operations Power IV. The Law Declaration Power V. Conclusion

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