Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 18
... argument . And the strength of the argument will determine the acceptability of the decision just as much as the strength of the scientist's argument determines the acceptability of his results . This is not to suggest that judges ...
... argument . And the strength of the argument will determine the acceptability of the decision just as much as the strength of the scientist's argument determines the acceptability of his results . This is not to suggest that judges ...
Page 175
... argument , such as arguments of constitutional theory . Confronted with contending theoretical arguments that are equally or nearly equally plausible , judges prefer those that accord with their views of justice or sound policy ...
... argument , such as arguments of constitutional theory . Confronted with contending theoretical arguments that are equally or nearly equally plausible , judges prefer those that accord with their views of justice or sound policy ...
Page 360
... argument in the American system . These " forms of argument " were historical ( relying on the intentions of the framers and ratifiers of the Constitution ) , textual ( looking to the meaning of the words of the Constitution alone , as ...
... argument in the American system . These " forms of argument " were historical ( relying on the intentions of the framers and ratifiers of the Constitution ) , textual ( looking to the meaning of the words of the Constitution alone , as ...
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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Common terms and phrases
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 |