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Who Am I to Judge? Judicial Craft versus Constitutional Theory

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Who Am I to Judge? Judicial Craft versus Constitutional Theory

Name: Who Am I to Judge? Judicial Craft versus Constitutional Theory
Brand: Yale University Press
SKU: 9780300277012
Price: 332.50 HKD
Availability: InStock
Author: Mark Tushnet
ISBN: 9780300277012

By Mark Tushnet

Yale University Press April 2025

Specifications

ISBN-13: 9780300277012
Publisher: Yale University Press
Publication: April 2025
Format: Paperback
Jurisdiction: U.S. ? Countri(es) for reference only

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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.

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