Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 82
... sense that it is a response to needs that can be felt ) and is governed by it . - Even that would not be the end of ... sense it would be a different , though not wholly different , rule . .... ... A rule can never be made explicit in ...
... sense that it is a response to needs that can be felt ) and is governed by it . - Even that would not be the end of ... sense it would be a different , though not wholly different , rule . .... ... A rule can never be made explicit in ...
Page 87
... sense in which what Fiss says is true : Arriving at a judicial decision and subsequently enforcing it are distinct processes , in the sense that the one precedes the other ; but to say that one is extrinsic to the other is to attribute ...
... sense in which what Fiss says is true : Arriving at a judicial decision and subsequently enforcing it are distinct processes , in the sense that the one precedes the other ; but to say that one is extrinsic to the other is to attribute ...
Page 121
... sense , a specific aspect of the original meaning of the provision that government may not engage in that practice . It follows , under the premises of originalism , that a court may not rule that the practice does not violate the ...
... sense , a specific aspect of the original meaning of the provision that government may not engage in that practice . It follows , under the premises of originalism , that a court may not rule that the practice does not violate the ...
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 |