Who Am I To Judge? Judicial Craft Versus Constitutional Theo
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Engelsk
A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among origina...
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Forlagsbeskrivelse af Who Am I To Judge? Judicial Craft Versus Constitutional Theo af Mark Tushnet
A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court’s history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can’t get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.
Detaljer
Forlag
Yale University Press
ISBN
9780300277012
Sprog
Engelsk
Sider
206
Udgivelsesdato
22-04-2025
Format
Paperback
Varenr.
3294162
EAN nr.
9780300277012
Varegruppe
Law