Описание: Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia`s jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. This book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised.
Автор: Schultz David A., Schweber Howard Название: The Conservative Revolution of Antonin Scalia ISBN: 149856450X ISBN-13(EAN): 9781498564502 Издательство: Bloomsbury Рейтинг: Цена: 5940.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection is a comprehensive and thorough assessment of the impact and legacy that Justice Antonin Scalia had on the Supreme Court. Chapters are written by leading legal and political science scholars of the Supreme Court and examine the lasting legacy of one of the most controversial Supreme Court Justices in American history.
Название: Conservative revolution of antonin scalia ISBN: 1498564488 ISBN-13(EAN): 9781498564489 Издательство: Неизвестно Рейтинг: Цена: 35175.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection is a comprehensive and thorough assessment of the impact and legacy that Justice Antonin Scalia had on the Supreme Court. Chapters are written by leading legal and political science scholars of the Supreme Court and examine the lasting legacy of one of the most controversial Supreme Court Justices in American history.
Автор: Scalia Antonin Название: A Matter of Interpretation: Federal Courts and the Law ISBN: 0691174040 ISBN-13(EAN): 9780691174044 Издательство: Wiley Рейтинг: Цена: 2691.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo ) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
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