Art of Judging : Volume 8

ISBN-13: 9780912051147 / Angielski / Miękka / 1987 / 96 str.

James Edward Bond;Bond

Opis

The single most important issue in American constitutional law is that of the role the Supreme Court should play in the interpretation of the Constitution. This issue has been a source of controversy at least since 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional. But public attention has been refocused on it by debates over whether it is desirable, or even possible, to interpret the Constitution strictly in terms of the original intent of the framers.

Spis treści

1: The Debate: How Should Justices Interpret the Constitution?; 2: The Choice: Should Justices Act as Statesmen or as Craftsmen?; 3: The Importance of the Choice: Does Survival of the Rule of Law Depend on the Style of Judicial Decision Making?; 4: A Case Study in Mixed Judicial Styles of Decision Making: Can Justices Act as Both Statesmen and Craftsmen?; 5: A Case Study in Contrasting Styles of Judicial Decision Making: How May Statesmen and Craftsmen Differ in Deciding Cases?; 6: The Case For Craftsmanship: Why Should Justices Decide as Craftsmen?; 7: The Case Against Statesmanship: Why Should Justices Refrain from Deciding as Statesmen?; 8: Conclusion: How Will Craftsmen Insure the Triumph of the Rule of Law?

O autorze

James. E Bond