Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 2
... structure assure that questions of the judicial role in constitutional decisionmaking are likely to remain both end- lessly debatable and politically charged : ( 1 ) the well - established practice of judicial review of the ...
... structure assure that questions of the judicial role in constitutional decisionmaking are likely to remain both end- lessly debatable and politically charged : ( 1 ) the well - established practice of judicial review of the ...
Page 131
... structure and relation , but always purports to move on the basis of the interpretation of particu- lar constitutional texts . As we shall see , that is not true ; the first of these styles of thought has played its part at least at one ...
... structure and relation , but always purports to move on the basis of the interpretation of particu- lar constitutional texts . As we shall see , that is not true ; the first of these styles of thought has played its part at least at one ...
Page 132
... structure of federal union , and in the rela- tion of federal to state governments ; it can point to no particular text as its authority . This is a mode of reasoning which tends to be rejected , or ignored as a possibility , by our ...
... structure of federal union , and in the rela- tion of federal to state governments ; it can point to no particular text as its authority . This is a mode of reasoning which tends to be rejected , or ignored as a possibility , by our ...
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 |