Comparative Constitutions by Leslie Wolf-Phillips (auth.)
By Leslie Wolf-Phillips (auth.)
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Extra resources for Comparative Constitutions
Example text
This leads to differences in the structure of the ''judicial process" . . and characterises the theories of law and procedure ... ' In the United States system of 'judicial review' there is now general acceptance that the selection ofjustices of the Supreme Court is influenced by political considerations (both in nomination by the President and in scrutiny by the Senate), personal friendship, religious and ethnic affiliations, and geographical and sectional considerations; additionally, there is the sought and unsought opinions of the Justices themselves and their colleagues of the American Bar Association; once appointed, the Justices are open to the continuing influence of the legal profession, the law schools, well-established administrative agencies, certain lower courts and individual judges, and organised interest-groups.
Constitution). The interpretation of the law has as a guide 42 not the views of the current holders of judicial offices but the 'sure guide of Marxism-Leninism'. The main purposes oflaw in the Soviet Union are seen as: (i) constructing national security through the consolidation and increase of the state power; (ii) the economic task of developing production on socialist principles; and (iii) the re-education of man. R. Supreme Court is more to supervise the work of the judiciary than to revise decisions arrived at elsewhere.
R. Scott, Russian Political Institutions, 4th ed. (London, 1969) pp. 208-15, and the references under notes 63 and 80 above. For comments on the Indian 57 Constitution, see H. M. Seervai, Constitutional Law of India (Bombay, 1968) chaps vii-xvii, and chap. xxx (on the Go1ak Nath case). On the Supreme Court of the United States, see Tresolini and Shapiro, American Constitutional Law, chap. 3, and R. H. Pear, American Government, 2nd ed. (London, 1963) chap. 9. The reference to Vyshinksy is from pp.