Words that bind : judicial review and the grounds of modern constitutional theory

著者

書誌事項

Words that bind : judicial review and the grounds of modern constitutional theory

John Arthur

Westview Press, 1995

  • : hc
  • : pbk

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注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: hc ISBN 9780813323480

内容説明

Examines conflicting theories of constitutional interpretation and judicial review in the USA, arguing that each of the dominant legal approaches rests on a distinct philosophical conception of democracy. This book addresses issues such as the justification of rights and popular consent.

目次

  • Enforcing the social contract - original intent
  • perfecting the democratic process
  • critical legal studies and the denial of law
  • promoting the general welfare - utilitarianism, law and economics
  • democratic contractualism and the search for equality.
巻冊次

: pbk ISBN 9780813323497

内容説明

The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In Words That Bind, John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches?from original intent to law and economics, from legal pragmatism to critical legal studies?rests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review. He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory.Words That Bind presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has.

目次

Preface -- Introduction -- Enforcing the Social Contract: Original Intent -- Perfecting the Democratic Process -- Critical Legal Studies and the Denial of Law -- Promoting the General Welfare: Utilitarianism, Law, and Economics -- Democratic Contractualism and the Search for Equality

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