The Myth of Judicial Activism: Making Sense of Supreme Court DecisionsYale University Press, 2006 - Всего страниц: 262 This carefully considered book is a welcome addition to the debate over "judicial activism.” Constitutional scholar Kermit Roosevelt III offers an elegantly simple way to resolve the heated discord between conservatives, who argue that the Constitution is immutable, and progressives, who insist that it is a living document that must be reinterpreted in new cultural contexts so that its meaning evolves. Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document. Recent years have witnessed an increasing drumbeat of complaints about judicial behavior, focusing particularly on Supreme Court decisions that critics charge are reflections of the Justices’ political preferences rather than enforcement of the Constitution. The author takes a balanced look at these controversial decisions through a compelling new lens of constitutional interpretation. He clarifies the task of the Supreme Court in constitutional cases, then sets out a model to describe how the Court creates doctrine to implement the meaning of the Constitution. Finally, Roosevelt uses this model to show which decisions can be justified as legitimate and which cannot. |
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Стр. 20
... legitimate judicial behavior is limited to enforcing the plain meaning of the Constitution , then no modern Supreme Court decision is legitimate . But no one condemns the Court to that extent . At least some doctrine is legitimate ...
... legitimate judicial behavior is limited to enforcing the plain meaning of the Constitution , then no modern Supreme Court decision is legitimate . But no one condemns the Court to that extent . At least some doctrine is legitimate ...
Стр. 37
... legitimate . The distinction between legitimate and illegitimate decisions is meant to do what the con- cept of activism claims to do , but fails : to distinguish between decisions that should be accepted and those that should be ...
... legitimate . The distinction between legitimate and illegitimate decisions is meant to do what the con- cept of activism claims to do , but fails : to distinguish between decisions that should be accepted and those that should be ...
Стр. 167
... legitimate . Of course , to say that a decision is legitimate , as I have defined the term , is not saying much . It does not mean that the Constitution requires the result the Court has reached . Other approaches might also be legitimate ...
... legitimate . Of course , to say that a decision is legitimate , as I have defined the term , is not saying much . It does not mean that the Constitution requires the result the Court has reached . Other approaches might also be legitimate ...
Содержание
What Doctrine Is For | 22 |
Romer Lawrence and Goodridge | 91 |
Kelo v City of New London | 133 |
Авторские права | |
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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2006 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2008 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt, III Недоступно для просмотра - 2008 |
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