Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 20
... given adequate opportunity to prepare their cases , that they should be given a fair opportunity to present their evidence , and that each party should be given a fair chance to respond to the evidence presented by the opposing side ...
... given adequate opportunity to prepare their cases , that they should be given a fair opportunity to present their evidence , and that each party should be given a fair chance to respond to the evidence presented by the opposing side ...
Page 76
... given view that he happens to hold , and he can present reasons for rejecting the views of his opponents on the interpretation of a given text . In this regard Fish seems similar to Ronald Dworkin , who views judging as including the ...
... given view that he happens to hold , and he can present reasons for rejecting the views of his opponents on the interpretation of a given text . In this regard Fish seems similar to Ronald Dworkin , who views judging as including the ...
Page 164
... given our basic aspirations , should live our collective life , our life in common in a relatively disinterested manner that has some- times seemed to be beyond the reach of the electorally accountable branches of government , for many ...
... given our basic aspirations , should live our collective life , our life in common in a relatively disinterested manner that has some- times seemed to be beyond the reach of the electorally accountable branches of government , for many ...
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 |