Affiliation:
1. University of Gdańsk, Poland
Abstract
The main purpose of this paper is the presentation of Harvard Law School scholar James Bradley Thayer and his famous article The Origin and Scope of the American Doctrine of Constitutional Law, published in Harvard Law Review in 1893. Thayer formulated therein his theory of judicial restraint based on the formula unconstitutionality beyond reasonable doubt. This theory influenced such eminent judges and scholars like Oliver Wendell Holmes, Louis Brandeis, Learned Hand and, last but not least, Felix Franfurter, and is still broadly discussed in contemporary American constitutional jurisprudence. In conclusion the author proposes to make American experiences in this area useful for the current debate concerning Polish constitutional crisis.
Publisher
Uniwersytet Jagiellonski - Wydawnictwo Uniwersytetu Jagiellonskiego
Reference32 articles.
1. 1. Calabresi S.G., Originalism and James Bradley Thayer, "Northwestern University Law Review" 2019, t. 113, nr 6.
2. 2. Caminker E.H., Thayerian Deference to Congress and Supreme Court Supermajority Rule: Lessons from the Past, "Indiana Law Journal" 2003, t. 78, nr 1.
3. 3. Coquillette D.R., Kimball B.A., On the Battlefield of Merit: Harvard Law School, the First Century, Cambridge-London 2015.
4. 4. Coquillette D.R., Kimball B.A., The Intellectual Sword: Harvard Law School, the Second Century, Cambridge-London 2020.
5. 5. Eisgruber C.L., The Next Justice: Repairing the Supreme Court Appointments Process, Princeton-Oxford 2007.