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January 2013
Law No.: LAW7696
Sched. No.: 113110029
Judicial Review (SC)
Section 1
X
Harrison, John C.
Administrative Information:
During SIS enrollment, check
on SIS
for real-time enrollment numbers
Days, Times (Room):
MTWRF, 1330-1600 (SL131)
Credits:
1
Type:
J-term
Capacity:
25
**This information is current as of
05/22/2013 06:17:45 AM
**
Current Enrollment:
7
**This information is current as of
05/22/2013 06:17:45 AM
**
Course Description:
This January term course meets Monday-Friday, January 14-18.
The short course concerns the institutional processes, primarily those involving the courts,that implement the principle that the Constitution is superior to other forms of law, state and federal. The most familiar application of that principle, called judicial review, occurs when a court disregards an otherwise-valid legal norm, like a state or federal statute, on the grounds that it is inconsistent with the Constitution. The main topics involving judicial review will be its historical origins and development, the normative arguments in favor of and against it, and the jurisdictional and similar rules, such as the case or controversy requirement of Article III, that identify the situations in which it is to take place. The course will also consider, although in less depth, the implementation of constitutional supremacy by non-judicial government officers and institutions. In that connection it will address the question whether executive officers are required to disregard federal statutes that they believe to be unconstitutional, and if so under what circumstances.
ATTENDANCE REQUIREMENT: Attendance at all class sessions is required. Enrolled students who do not attend the first class session will be dropped. Students seeking to enroll in this short course must attend the first class session.
COURSE REQUIREMENT: Examination with a paper option