"Interpreting The Constitution" doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.
Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution.
In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution--and argues that the only way to choose one is to ask whether it would change ...
Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their opponents....
While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts ...
The mistake made by the Supreme Court in articulating the Katz rule is a familiar one. The same elusive connection between expectation and entitlement was, in a sense, evident to Jeremy Bentham over two hundred years ...
This book discusses in great detail the interpretive methods that the Supreme Court and individual justices have employed to discern and explain constitutional meaning from the earliest days to the...
While exercising its power to review the constitutionality of governmental action, the Supreme Court has relied on certain methods or modes of interpretation that is, ways of figuring out a particular meaning of provision within the ...
In this book, one of our greatest religious historians brings his vast knowledge of the history of biblical interpretation to bear on the question of constitutional interpretation.
"In The Interpretable Constitution William F. Harris II examines three feature of American constitutionalism that are usually taken for granted: the Constitution's authoritativeness, its written character, and its consequent readability....
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for ...