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. 19
... tion and specific judicial decisions . Constitutional decision- making is going to be more complicated than simply applying some plain meaning . Indeed it is . It is very complicated . Read some Supreme Court opinions and you will learn ...
... tion and specific judicial decisions . Constitutional decision- making is going to be more complicated than simply applying some plain meaning . Indeed it is . It is very complicated . Read some Supreme Court opinions and you will learn ...
Стр. 38
... tion was whether they were consistent with the meaning of the Constitution , even if that meaning is not so plain . I have ar- gued , however , that in creating doctrine , the Court does not seek only to track the meaning of the ...
... tion was whether they were consistent with the meaning of the Constitution , even if that meaning is not so plain . I have ar- gued , however , that in creating doctrine , the Court does not seek only to track the meaning of the ...
Стр. 245
... tion : those that create “ classes among citizens . ” ( The sentence immediately preceding that one is even clearer : " There is no caste here . " ) If the implica- tion of inferiority were not crucial , there would have been no reason ...
... tion : those that create “ classes among citizens . ” ( The sentence immediately preceding that one is even clearer : " There is no caste here . " ) If the implica- tion of inferiority were not crucial , there would have been no reason ...
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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