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1 Wolfgang H. Kraus, Modern Developments of the American and German Judiciary: Some Bases in Comparative Law of the Doctrine of Judicial Review of Unconstitutional Legislation 1 (1931)

handle is hein.intyb/mdndvagj0001 and id is 1 raw text is: Modern Developments of the American and German Judiciary. Some bases in comparative law of the doctrine of judicial rcviOV of unconstitutional legislation. Submitted in partial fulfilment of the requirements for the degree of S.J.D. of the Law School of Harvard University by Dr. iur.Volfgang H. (Craus. TABLE OF CONTENTS I. The Formative Period of the German Judiciary: the Reception of tho Roman Law. II. The Historical Basis of the American Judiciary. English Conrts in the 17th Century. III. nglo-American Courts and the form of reported judgment. The growth of separate opinions. IV. The establishment of a federal judiciary and its place within the polity. V. The Judiciary in the German polity. INTRODUCTORY REMARKS In the following sketch, we propose to outline certain phases of the development of the American and German judiciaries with a view to describe and analyze their respective position in the modern commonwealth, thus gaining an elementary starting point from which, it is ventured to hope, some new light might be shed on the modern phases of the doctrine of judi- cial review of legislation. It cannot be undertaken in this preliminary outline to give more than a basis for detailed inquiry; thus, the modern stage of the development will be merely indicated in some essential features. Correctness in details could therefore hardly be achieved. But it is hoped, that the essentials have not suffered from this procedure. Digitized from Best Copy Available

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