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Martin's challenge was to insert himself into a close-knit circle, which he did by showing a relentless work ethic, mastery of detail and subtle political and constitutional judgment.
Weiner argues that I have read a judicial monopoly on constitutional judgment into Article III.
The obvious problem here, as compelling as the historically based claim may be, is that, even if the president's constitutional judgment is correct, it is not clear that the Fourteenth Amendment authorizes the president to create a remedy.
In place of an engaged judiciary that independently and impartially evaluates government officials' assertions of power, he offers only an expression of faith in government officials' "constitutional judgment" that he gives us no reason to believe that officials consistently exercise today or will consistently exercise in the future if judges abdicate their constitutional duties.
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The executive authority also has to develop a commitment to obeying legal and constitutional judgments.
The authority to make constitutional judgments lies not with the court system but with the leadership of the National People's Congress, the party-run national legislature.
"Where district judges are presented with questions of first impression and have to make the type of constitutional judgments the Supreme Court does all the time, it's not at all surprising to see those choices line up along party lines," Professor Martin said.
The constitutional court judgment last month said that the parents had been denied a fair trial and awarded them €5,000 £4,0000) in compensation.
But in none of his cases has he won a judgment on constitutional grounds.
In making its judgment, the constitutional court may have been responding to hardline nationalists, who are furious that their government has agreed to recognise Turkey's borders.
In a recent landmark judgment, the constitutional court ruled that no one could be held civilly liable for calling or depicting someone else as gay.
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