Add Papers Marked0
Paper checked off!

Marked works

Viewed0

Viewed works

Shopping Cart0
Paper added to shopping cart!

Shopping Cart

Register Now

eKönyvtár library
FAQ
 
  • Anti-Terrorism Legislation and Legal Theorists

     

    Essays5 Law

Great deal: today with a discount!

Regular price:
1 839 Ft
You save:
274 Ft
Discounted price*:
1 565 Ft
Purchase
Add to Wish List
ID number:463786
Evaluation:
Published: 01.12.1996.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

John H. Ely's argument has to do with the political process being obstructed and laws that target certain minorities. He argues that the law itself doesn't matter, unless a minority group has been restricted in representation in the political process (Ely 56) or where a certain group is targeted (Ely 55). Ely argues that not all battles need to have a constitutional violation to be heard by the courts, the political process is most important.
Ely based his argument on the Carolene Products footnote, where the Justice said it was not necessary to look at cases that clearly violated the political process (Ely 53). Contrary of this, Ely argued that laws that violate the political process should have the highest level of scrutiny and should be reviewed and/or repealed (lecture October 15th 2001).
Ely believed that in a democracy the majorities always rule over the minorities; this to him is a problem. If the majority of people are always getting what they want, there is no fair treatment for the minority. The majority will always make laws that affect the minority and not themselves, this is a problem (Ely 54). He argues that when one group is gaining an unfair advantage over its opponents (which isn't necessarily the wrong view) this is a time when the courts should intervene or think of intervening (Ely 56). He also argues that always listening to the majority, allows for the majority to take advantage over a minority or to not take their interests into consideration (Ely 58).

Work pack:
GREAT DEAL buying in a pack your savings −1 602 Ft
Work pack Nr. 1253850
Load more similar papers

Send to email

Your name:

Enter an email address where the link will be sent:

Hi!
{Your name} suggests you to check out this eKönyvtár paper on „Anti-Terrorism Legislation and Legal Theorists”.

Link to paper:
https://eng.ekonyvtar.eu/w/463786

Send

Email has been sent

Choose Authorization Method

Email & Password

Email & Password

Wrong e-mail adress or password!
Log In

Forgot your password?

Facebook

Not registered yet?

Register and redeem free papers!

To receive free papers from eKönyvtár.com it is necessary to register. It's quick and will only take a few seconds.

If you have already registered, simply to access the free content.

Cancel Register