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Book Categories |
| Acknowledgments | ||
| Introduction | 1 | |
| 1 | Constitutional Antecedents: The Doctrines of Natural Right, Natural Law, and Separation of Powers | 11 |
| Thomas Hobbes | ||
| John Locke | ||
| Montesquieu | ||
| The Declaration of Independence | ||
| 2 | The Constitution, The Federalist, and Constitutional Principles | 32 |
| Natural Rights and the Constitution | ||
| The Bill of Rights | ||
| Democracy, Representation, and The Federalist | ||
| Separation of Powers | ||
| Enumerated Powers and Federalism | ||
| 3 | The Role of the Judiciary | 64 |
| The Federalist and Judicial Power | ||
| Early Debates on Judicial Review | ||
| Summary of Theorists and Historical Materials | ||
| Marbury v. Madison | ||
| 4 | The Concept of Rights and Natural Law as Fundamental Constitutional Principles | 97 |
| A Theoretical Approach to Rights: Ronald Dworkin | ||
| Judicial Reform under a Written Constitution: Archibald Cox | ||
| 5 | Property Rights and Human Rights | 140 |
| Property Rights and Judicial Activism: Richard A. Epstein | ||
| Constitutional Aspiration and Judicial Prophecy: Michael Perry | ||
| Conclusion | ||
| 6 | Representation and Democratic Theory in the Constitution | 161 |
| The Constitution as Process: John Hart Ely | ||
| Interpretivism, Democracy, and the Constitution's Original Understanding: Robert Bork | ||
| 7 | Separation of Powers, Federalism, and Other Institutional Considerations | 203 |
| The Doctrine of Judicial Restraint and Institutional Considerations: Philip B. Kurland | ||
| Constitutional Evolution and Institutional Considerations: Laurence Tribe | ||
| 8 | Rejection of the Constitution and Liberal Theory | 238 |
| Critical Legal Studies: Mark Tushnet | ||
| Feminism Unmodified as a Theory of the State: Catharine MacKinnon | ||
| Epilogue | 277 | |
| Notes | 285 | |
| Bibliography | 341 | |
| Index | 351 |
| Price | Condition | Delivery | Seller | Action |
| $99.99 | Digital |
| WonderClub |
Candice L.i. Zadeh
reviewed Popular government and the Supreme Court on April 06, 2016
Popular government and the Supreme Court
Philosophy of law tries to understand law, as distinct from ethics and politics. I thought this book was a good overview of the topic, both accessible and interesting. Murphy's sections (the first three) are distinctly better written than Coleman's, which may have as much to do with the topics as with the material.
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Add Popular government and the Supreme Court, A sophisticated, sensible, and much-needed reminder of the republican theory of our written Constitution.—Henry J. Abraham, author of The Judicial Process A closely reasoned and broadly illuminating work. Sunderland defends in a most persuasi, Popular government and the Supreme Court to the inventory that you are selling on WonderClubX
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Add Popular government and the Supreme Court, A sophisticated, sensible, and much-needed reminder of the republican theory of our written Constitution.—Henry J. Abraham, author of The Judicial Process A closely reasoned and broadly illuminating work. Sunderland defends in a most persuasi, Popular government and the Supreme Court to your collection on WonderClub |