In Defense of the Text: Democracy and Constitutional Theory (In Defense of the Text)
By: Leslie Friedman Goldstein (author)Hardback
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Provides a useful, fair-minded and comprehensive guide to the various theories of constitutional interpretation that are contending for the adherence of contemporary jurists.
Leslie Friedman Goldstein, Professor of Political Science at the University of Delaware, has written widely on constitutional issues, including The Constitutional Rights of Women.
Introduction - why constitutional theory?; John Marshall and 20th century jurisprudence; paradoxes of Justice Black - text, history and structure; popular sovereignty, the origins of judicial review and the revival of unwritten law; judicial review and modern judicial scholarship - a qustion of power; judicial review and democratic theory - guardian democracy vs. representative democracy; indeterminacy and constitutional theory - a critique of CLS and company.
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- ID: 9780847676996
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