Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
Results 1-3 of 83
Page 80
... particular situation , the rules tell you what to do and prevent you from simply doing whatever you like . The ... particular and general . A particular rule would be one that " specif [ ied ] the relevance and weight to be assigned to ...
... particular situation , the rules tell you what to do and prevent you from simply doing whatever you like . The ... particular and general . A particular rule would be one that " specif [ ied ] the relevance and weight to be assigned to ...
Page 157
... particular objectives in enacting any particular clause , then it is unconstitutional ; if , however , she cannot point to a particular clause , she must let the legislative judgment stand and resist the " temptation " to impose her ...
... particular objectives in enacting any particular clause , then it is unconstitutional ; if , however , she cannot point to a particular clause , she must let the legislative judgment stand and resist the " temptation " to impose her ...
Page 166
... particular conception . ( To argue for a particular conception of democracy , of judicial role within the overall governmental apparatus , is to argue for a particular conception of consti- tutional text and interpretation , namely ...
... particular conception . ( To argue for a particular conception of democracy , of judicial role within the overall governmental apparatus , is to argue for a particular conception of consti- tutional text and interpretation , namely ...
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
Other editions - View all
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 |