Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 2
... judicial role in constitutional decisionmaking are likely to remain both end- lessly debatable and politically charged : ( 1 ) the well - established practice of judicial review of the constitutionality of federal and state laws ; ( 2 ) ...
... judicial role in constitutional decisionmaking are likely to remain both end- lessly debatable and politically charged : ( 1 ) the well - established practice of judicial review of the constitutionality of federal and state laws ; ( 2 ) ...
Page 156
... judicial noninterference in state functions are preferable to efforts at constitutionalizing abstract notions of state sovereignty.25 The standard of judicial scrutiny for acts of Congress in this area is appropriately minimal , saving ...
... judicial noninterference in state functions are preferable to efforts at constitutionalizing abstract notions of state sovereignty.25 The standard of judicial scrutiny for acts of Congress in this area is appropriately minimal , saving ...
Page 218
... judicial restraint , or judicial modesty , or even judicial abdication in favor of the democratic process . One might suppose that , but one would be quite wrong . Nihilism turns instead to advocacy of opportunistic judicial ...
... judicial restraint , or judicial modesty , or even judicial abdication in favor of the democratic process . One might suppose that , but one would be quite wrong . Nihilism turns instead to advocacy of opportunistic judicial ...
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 |