Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 39
... Sources Chapter 3 The Constitutional Text Part II focuses on the ways in which judges , especially Supreme Court Justices , and theorists argue about different sources for constitutional deci- sionmaking . This chapter explores debates ...
... Sources Chapter 3 The Constitutional Text Part II focuses on the ways in which judges , especially Supreme Court Justices , and theorists argue about different sources for constitutional deci- sionmaking . This chapter explores debates ...
Page 40
... sources but may draw on some " extra - constitutional " sources such as moral philosophy , social desirability , and perceived needs to adapt fundamental law to evolving social patterns . In reality , though , most judges and scholars ...
... sources but may draw on some " extra - constitutional " sources such as moral philosophy , social desirability , and perceived needs to adapt fundamental law to evolving social patterns . In reality , though , most judges and scholars ...
Page 359
... sources . However , when the sources con- flict , the Court should consult them in the order of constitutional text , history , theory , precedent , and values , for the purposes of producing a single result.55 Fallon argues further ...
... sources . However , when the sources con- flict , the Court should consult them in the order of constitutional text , history , theory , precedent , and values , for the purposes of producing a single result.55 Fallon argues further ...
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 |