Knygos.lt nariams
Knygos.lt nariams
- Išsiųsime per 12–18 d.d.
/images/books/3005298/9780300085310.jpg)
- Autorius: Louis Michael Seidman
- Leidėjas: Yale University Press
- ISBN-10: 0300085311
- ISBN-13: 9780300085310
- Formatas: 16.1 x 24.6 x 2.3 cm, kieti viršeliai
- Kalba: Anglų
Atsiliepimai
Aprašymas
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement.
Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
- Autorius: Louis Michael Seidman
- Leidėjas: Yale University Press
- ISBN-10: 0300085311
- ISBN-13: 9780300085310
- Formatas: 16.1 x 24.6 x 2.3 cm, kieti viršeliai
- Kalba: Anglų
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement.
Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
Atsiliepimai