Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 21
... judge could conceivably give has an important consequence : the reasons have to be more than an expression of the judge's personal predi- lections . These reasons , therefore , operate as controls on the process of deliberation . Since ...
... judge could conceivably give has an important consequence : the reasons have to be more than an expression of the judge's personal predi- lections . These reasons , therefore , operate as controls on the process of deliberation . Since ...
Page 22
... judges give , is of no importance and also , perhaps , of the claim that judges ' reasons are mere rationalizations . This chapter closes with a final comment on the idea that judges are not sincere about the reasons they give for their ...
... judges give , is of no importance and also , perhaps , of the claim that judges ' reasons are mere rationalizations . This chapter closes with a final comment on the idea that judges are not sincere about the reasons they give for their ...
Page 165
... judges have either the capacity or inclination to be " prophets . " But even if some judges are radicals , the beliefs of such a judge cannot , in the nature of things , be determinative . No belief can be determinative in ...
... judges have either the capacity or inclination to be " prophets . " But even if some judges are radicals , the beliefs of such a judge cannot , in the nature of things , be determinative . No belief can be determinative 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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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 |