Democracy and distrust

Description:

Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.

subjects: Judicial review,  Law, political aspects,  Direito processual civil,  Contrôle juridictionnel des lois,  Toetsingsrecht

Places: United States