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Who Am I to Judge?
Judicial Craft versus Constitutional Theory
Brief Description
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...
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See moreA leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?
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Description
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 Who Am I to Judge?, 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.
Book Details
INFORMATION
ISBN: 9780300277029
Publisher: Yale University Press
Format: Hardback
Date Published: 22 April 2025
Country: United States
Imprint: Yale University Press
Audience: Tertiary education, Professional and scholarly
DIMENSIONS
Width: 140.0mm
Height: 216.0mm
Weight: 250g
Pages: 206
Collections
About the Author
Mark Tushnet is William Nelson Cromwell Professor of Law emeritus at Harvard Law School. He is the author of more than a dozen books, has edited eight others, and has written numerous articles on constitutional law and legal history.
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Who Am I to Judge?
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...Paperback$5999Unit price /UnavailableAvailableShips in 3-4 weeks -
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