Who Am I to Judge? : Judicial Craft versus Constitutional Theory
by
Mark Tushnet
Book Details
Format
Hardback or Cased Book
ISBN-10
0300277024
ISBN-13
9780300277029
Publisher
Yale University Press
Imprint
Yale University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Apr 22nd, 2025
Print length
206 Pages
Product Classification:
Jurisprudence & general issuesConstitutional & administrative law
Ksh 17,100.00
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A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?
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 Courts 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 cant 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.
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 Courts 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 cant 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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