Who am I to judge?
judicial craft versus constitutional theory
- ISBN: 9780300277012
- Editorial: Yale University Press
- Fecha de la edición: 2025
- Lugar de la edición: New Haven. Estados Unidos de Norteamérica
- Encuadernación: Rústica
- Medidas: 22 cm
- Nº Pág.: 197
- Idiomas: Inglés
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. -- Provided by publisher
Looking for good judgment in all the right places
Judging without theory: The 1930s
What is constitutional theory and why should we care?
Why it's a mistake to ask whether originalism is a good constitutional theory
Why it doesn't take a theory to beat a theory
Students for Fair Admissions and the craft of judging
