Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 202
... activism , yielding some decisions agree- able to liberals , it had thus far failed to articulate a vision of constitutional interpretation as clear and as principled as that which had inspired the War- ren Court in its heyday . Vincent ...
... activism , yielding some decisions agree- able to liberals , it had thus far failed to articulate a vision of constitutional interpretation as clear and as principled as that which had inspired the War- ren Court in its heyday . Vincent ...
Page 206
... activist court . Rootless activism is activism nonetheless . 3. The Future of Liberal Constitutional Theory It should be clear that liberal constitutional theory is neither monolithic nor static . The changes in liberal constitutional ...
... activist court . Rootless activism is activism nonetheless . 3. The Future of Liberal Constitutional Theory It should be clear that liberal constitutional theory is neither monolithic nor static . The changes in liberal constitutional ...
Page 415
... activism , pp . 227 to 231 . Libertarian activism , pp . 231 to 234 . Traditional conservative approach , pp . 223 to 227 . JUDICIAL REVIEW . Historical justifications , p . 2 . Representation - reinforcing theory , p . 9 . Theory in ...
... activism , pp . 227 to 231 . Libertarian activism , pp . 231 to 234 . Traditional conservative approach , pp . 223 to 227 . JUDICIAL REVIEW . Historical justifications , p . 2 . Representation - reinforcing theory , p . 9 . Theory in ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |