Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 31
... role of nonmajoritarian courts to our vision of the good society . - In two articles Professor Richard Kay of the University of Connecticut School of Law has addressed the complex issues underlying choices of basic approach to ...
... role of nonmajoritarian courts to our vision of the good society . - In two articles Professor Richard Kay of the University of Connecticut School of Law has addressed the complex issues underlying choices of basic approach to ...
Page 122
... role .... Occasionally , an originalist judge who happens to be committed to a relatively narrow conception of proper judicial role will complain about the tendency of some judges to " overgeneralize " the original meaning of ...
... role .... Occasionally , an originalist judge who happens to be committed to a relatively narrow conception of proper judicial role will complain about the tendency of some judges to " overgeneralize " the original meaning of ...
Page 166
... role within the overall governmental apparatus , is to argue for a particular conception of consti- tutional text and interpretation , namely , the conception entailed by the prescribed judicial role . ) How do we conduct that argument ...
... role within the overall governmental apparatus , is to argue for a particular conception of consti- tutional text and interpretation , namely , the conception entailed by the prescribed judicial role . ) How do we conduct that argument ...
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 |