A Debt Against the Living : An Introduction to Originalism, Ilan Wurman
Автор: Segall, Eric J. (college Of Law, Georgia State University) Название: Originalism as faith ISBN: 1107188555 ISBN-13(EAN): 9781107188556 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originalism as Faith shows how originalism is often used by judges as a pretext for reaching politically desirable results. It will be of interest to anyone interested in an evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Автор: Segall, Eric J., Название: Originalism as faith / ISBN: 1316640469 ISBN-13(EAN): 9781316640463 Издательство: Cambridge Academ Рейтинг: Цена: 3802.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originalism as Faith shows how originalism is often used by judges as a pretext for reaching politically desirable results. It will be of interest to anyone interested in an evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Автор: Huscroft Название: The Challenge of Originalism ISBN: 1107613043 ISBN-13(EAN): 9781107613041 Издательство: Cambridge Academ Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other.
Автор: Cross Frank Название: The Failed Promise of Originalism ISBN: 0804783829 ISBN-13(EAN): 9780804783828 Издательство: Wiley EDC Рейтинг: Цена: 7722.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
Описание: Originalism`s Promise helps Americans know their own Constitution and shows why their reverence for it, its Framers, and its legal system, is sound and valuable. The book offers a way out of the bitter fights represented by the Kavanaugh hearings, and marries the Constitution to natural law.
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