In Defense of the Text: Democracy and Constitutional Theory (In Defense of the Text)

In Defense of the Text: Democracy and Constitutional Theory (In Defense of the Text)

By: Leslie Friedman Goldstein (author)Hardback

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Description

Provides a useful, fair-minded and comprehensive guide to the various theories of constitutional interpretation that are contending for the adherence of contemporary jurists.

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About Author

Leslie Friedman Goldstein, Professor of Political Science at the University of Delaware, has written widely on constitutional issues, including The Constitutional Rights of Women.

Contents

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.

Product Details

  • publication date: 13/11/1991
  • ISBN13: 9780847676996
  • Format: Hardback
  • Number Of Pages: 288
  • ID: 9780847676996
  • weight: 454
  • ISBN10: 0847676994

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