{"title":"The Disposing Power of the Legislature","authors":"T. Merrill","doi":"10.7916/D89Z94H8","DOIUrl":null,"url":null,"abstract":"The Constitution as we understand it includes principles that have emerged over time in a common law fashion. One such principle is the dis posing power of the legislature?the understanding that only the legislature has the power to arrange, order, and distribute the power to act with the force of law among the different institutions of society. This Essay illustrates the gradual emergence of the disposing power in criminal, civil, and administra tive law, and offers some reasons why it is appropriate that the legislature be given this exclusive authority. One implication of the disposing power is that another type of constitutional common law?the power of courts to pre scribe rules inspired by the Constitution but subject to legislative revision, as described in Professor Henry Monaghan fs pathbreaking 1975 Harvard Law Review Foreword?may in fact be unconstitutional in many of its applications.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"110 1","pages":"452-478"},"PeriodicalIF":3.4000,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"7","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Columbia Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.7916/D89Z94H8","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 7
Abstract
The Constitution as we understand it includes principles that have emerged over time in a common law fashion. One such principle is the dis posing power of the legislature?the understanding that only the legislature has the power to arrange, order, and distribute the power to act with the force of law among the different institutions of society. This Essay illustrates the gradual emergence of the disposing power in criminal, civil, and administra tive law, and offers some reasons why it is appropriate that the legislature be given this exclusive authority. One implication of the disposing power is that another type of constitutional common law?the power of courts to pre scribe rules inspired by the Constitution but subject to legislative revision, as described in Professor Henry Monaghan fs pathbreaking 1975 Harvard Law Review Foreword?may in fact be unconstitutional in many of its applications.
期刊介绍:
The Columbia Law Review is one of the world"s leading publications of legal scholarship. Founded in 1901, the Review is an independent nonprofit corporation that produces a law journal edited and published entirely by students at Columbia Law School. It is one of a handful of student-edited law journals in the nation that publish eight issues a year. The Review is the third most widely distributed and cited law review in the country. It receives about 2,000 submissions per year and selects approximately 20-25 manuscripts for publication annually, in addition to student Notes. In 2008, the Review expanded its audience with the launch of Sidebar, an online supplement to the Review.