Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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... constitutional doctrine - the Supreme Court's pronounce- ments on different constitutional issues and the frameworks for approaching particular areas - and ( 2 ) constitutional theory - the different ways scholars ( as well as judges ...
... constitutional doctrine - the Supreme Court's pronounce- ments on different constitutional issues and the frameworks for approaching particular areas - and ( 2 ) constitutional theory - the different ways scholars ( as well as judges ...
Page 14
... constitutional decisions.66 Meanwhile , Kay , a conservative originalist , has argued that we should try to ... theory have helped to shape the future direction of constitutional decisionmaking as well as the meanings and signif- icance ...
... constitutional decisions.66 Meanwhile , Kay , a conservative originalist , has argued that we should try to ... theory have helped to shape the future direction of constitutional decisionmaking as well as the meanings and signif- icance ...
Page 359
... constitutional adjudi- cation in even more multifaceted terms . First , Fallon argues that in constitu- tional adjudication the Court must keep each of the traditional sources of constitutional arguments in the proper perspective.54 He ...
... constitutional adjudi- cation in even more multifaceted terms . First , Fallon argues that in constitu- tional adjudication the Court must keep each of the traditional sources of constitutional arguments in the proper perspective.54 He ...
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 |