Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 262
... republican constitutional theory would be a form of civic education , part of the dialogue among citizens that creates a pub- lic .... The commonwealth might be organized pursuant to a written docu- ment that speaks of institutions and ...
... republican constitutional theory would be a form of civic education , part of the dialogue among citizens that creates a pub- lic .... The commonwealth might be organized pursuant to a written docu- ment that speaks of institutions and ...
Page 266
... republican . " Michelman himself acknowledges the “ diffi- culty , " but his resolution - that the claim of popular majorities to exer- cise republican self - government " must yield ( if at all ) to a pragmatic " but equally republican ...
... republican . " Michelman himself acknowledges the “ diffi- culty , " but his resolution - that the claim of popular majorities to exer- cise republican self - government " must yield ( if at all ) to a pragmatic " but equally republican ...
Page 268
... republican " deliberation as a measure of the legiti- macy of government action . This notion , if it could be adequately elabo- rated and defended , could both explain and vindicate the role of moral decisionmaker that the Supreme ...
... republican " deliberation as a measure of the legiti- macy of government action . This notion , if it could be adequately elabo- rated and defended , could both explain and vindicate the role of moral decisionmaker that the Supreme ...
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 |