Democracy and Distrust A Theory of Judicial Review

Name: Democracy and Distrust A Theory of Judicial Review
Availability: InStock
ISBN: 9780674196377

ISBN-10: 0674196376

ISBN-13: 9780674196377

Edition: 1980

Authors: John Hart Ely

List price: $36.00

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Description:

This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr.…

Book details

List price: $36.00
Copyright year: 1980
Publisher: Harvard University Press
Publication date: 8/15/1981
Binding: Paperback
Pages: 280
Size: 6.13" wide x 9.25" long x 0.65" tall
Weight: 1.122
Language: English




The Allure of Interpretivism



The Impossibility of a Clause-Bound Interpretivism



Discovering Fundamental Values



Policing the Process of Representation: The Court as Referee



Clearing the Channels of Political Change



Facilitating the Representation of Minorities


Conclusion


Notes


Index