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Democracy And Distrust: A Theory Of Judicial Review (Harvard Paperbacks),New
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This Powerfully Argued Appraisal Of Judicial Review May Change The Face Of American Law. Written For Layman And Scholar Alike, The Book Addresses One Of The Most Important Issues Facing Americans Today: Within What Guidelines Shall The Supreme Court Apply The Strictures Of The Constitution To The Complexities Of Modern Life?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. John Hart Ely Demonstrates That Both Of These Approaches Are Inherently Incomplete And Inadequate. Democracy And Distrust Sets Forth A New And Persuasive Basis For Determining The Role Of The Supreme Court Today.Elys Proposal Is Centered On The View That The Court Should Devote Itself To Assuring Majority Governance While Protecting Minority Rights. The Constitution, He Writes, Has Proceeded From The Sensible Assumption That An Effective Majority Will Not Unreasonably Threaten Its Own Rights, And Has Sought To Assure That Such A Majority Not Systematically Treat Others Less Well Than It Treats Itself. It Has Done So By Structuring Decision Processes At All Levels In An Attempt To Ensure, First, That Everyones Interests Will Be Represented When Decisions Are Made, And Second, That The Application Of Those Decisions Will Not Be Manipulated So As To Reintroduce In Practice The Sort Of Discrimination That Is Impermissible In Theory.Thus, Elys Emphasis Is On The Procedural Side Of Due Process, On The Preservation Of Governmental Structure Rather Than On The Recognition Of Elusive Social Values. At The Same Time, His Approach Is Free Of Interpretivisms Rigidity Because It Is Fully Responsive To The Changing Wishes Of A Popular Majority. Consequently, His Book Will Have A Profound Impact On Legal Opinion At All Levelsfrom Experts In Constitutional Law, To Lawyers With General Practices, To Concerned Citizens Watching The Bewildering Changes In American Law.
⚠️ WARNING (California Proposition 65):
This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
For more information, please visit www.P65Warnings.ca.gov.
- Q: How many pages does this book have? A: This book contains two hundred sixty-eight pages. It provides a comprehensive exploration of judicial review and its implications for American law.
- Q: What is the binding type of this book? A: The binding type is paperback. This makes it lightweight and flexible, ideal for casual reading.
- Q: What are the dimensions of this book? A: The book measures six point fourteen inches in length, zero point seventy-one inches in width, and nine point twenty-five inches in height. These dimensions make it easy to handle and store.
- Q: How should I read this book? A: You can read this book at your own pace. It is suitable for both laymen and scholars, making it accessible to a wide audience.
- Q: Is this book appropriate for young readers? A: Yes, the book can be read by mature young readers. However, it addresses complex legal concepts that may require adult guidance.
- Q: What is the best way to care for this book? A: To keep this book in good condition, store it upright in a dry place. Avoid exposing it to direct sunlight to prevent fading.
- Q: Can I clean the book if it gets dirty? A: Yes, you can clean the book gently with a soft, dry cloth. Avoid using water or cleaning solutions, as they may damage the pages.
- Q: How should I store this book? A: Store this book in a cool, dry place away from direct sunlight. This will help preserve its condition and ensure longevity.
- Q: Is this book suitable for someone new to legal topics? A: Yes, this book is suitable for beginners. It presents judicial review concepts in a clear and engaging manner.
- Q: How does this book compare to other legal texts? A: This book offers a unique perspective on judicial review, contrasting with traditional interpretivism and societal value approaches. It emphasizes procedural fairness.
- Q: What if I receive a damaged copy of the book? A: If you receive a damaged copy, you should contact the seller for a return or exchange. Most sellers have policies to handle such issues.
- Q: What is the return policy for this book? A: The return policy varies by seller, but most allow returns within a specified period if the book is in its original condition.
- Q: Is there any warranty for this book? A: No, there is typically no warranty on books. However, check with your seller for any specific guarantees they may offer.
- Q: What if I have trouble understanding the content? A: If you encounter difficulties, consider discussing the content with a teacher or joining a study group. This book's insights can be enhanced through discussion.
- Q: Are there other books by the same author? A: Yes, John Hart Ely has authored several other works focusing on constitutional law and judicial review. You may find them insightful as well.