Document Type

Article

Comments

Judicially Non-Enforcible Provisions of Constitutions, 80 University of Pennsylvania Law Review 54 (1931)

Abstract

In the constitutional law of the United States there is a natural tendency
to emphasize the judicial enforcibility of constitutional restrictions upon
legislative action. This field of our law tends thus to give primary weight
to a technical analysis of judicial decisions, at the expense of a consideration
of the wisdom and expediency of legislative and executive action.
Moreover, it largely overlooks a relatively large field of constitutional regulation
not supplemented by judicial enforcibility. We often compare to our
advantage the system of judicially enforcible constitutions with that of
many other countries in which written constitutions are not judicially enforcible
but depend for their effectiveness upon the political forces operating
within or upon the government.' Something of more definite value may
perhaps be gained from an examination of the provisions of the federal
and state constitutions that are not judicially enforcible under our system
of constitutional law. To what extent do such provisions exist, and to
what extent do they accomplish their purpose as effectively as judicially
enforcible provisions?

Date of Authorship for this Version

1931

Keywords

constitution, restriction of legislation, judicial enforcibility

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