Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 17
... Idea of Principled Decisionmaking 1. Introduction As background for many of the issues to come , it is important to be familiar with some basic ideas on how courts work and how they should work ( and with challenges to these ideas as ...
... Idea of Principled Decisionmaking 1. Introduction As background for many of the issues to come , it is important to be familiar with some basic ideas on how courts work and how they should work ( and with challenges to these ideas as ...
Page 22
... ideas just presented seem often to be summed up in a call for " principled decisionmaking . " The arguments over what the concept entails can become elaborate , but the basic idea is one that takes no legal training to grasp ; to put it ...
... ideas just presented seem often to be summed up in a call for " principled decisionmaking . " The arguments over what the concept entails can become elaborate , but the basic idea is one that takes no legal training to grasp ; to put it ...
Page 65
... idea of the " rule of law " that is central to much of Western jurisprudence . If " nihilism " about legal texts is appropriate , then perhaps the texts cannot be relied on to bind either judges or other legal actors ; and something ...
... idea of the " rule of law " that is central to much of Western jurisprudence . If " nihilism " about legal texts is appropriate , then perhaps the texts cannot be relied on to bind either judges or other legal actors ; and something ...
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 |