Search Results

Implementing the Constitution

Download or Read eBook Implementing the Constitution PDF written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle.
Implementing the Constitution
Author :
Publisher : Harvard University Press
Total Pages : 199
Release :
ISBN-10 : 9780674036673
ISBN-13 : 0674036670
Rating : 4/5 (73 Downloads)

Book Synopsis Implementing the Constitution by : Richard H. FALLON

Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.


Implementing the Constitution Related Books

Implementing the Constitution
Language: en
Pages: 199
Authors: Richard H. FALLON
Categories: Law
Type: BOOK - Published: 2009-06-30 - Publisher: Harvard University Press

DOWNLOAD EBOOK

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests
From Parchment to Practice
Language: en
Pages: 325
Authors: Tom Ginsburg
Categories: Law
Type: BOOK - Published: 2020-04-30 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implemen
Keeping Faith with the Constitution
Language: en
Pages: 274
Authors: Goodwin Liu
Categories: Law
Type: BOOK - Published: 2010-08-05 - Publisher: Oxford University Press

DOWNLOAD EBOOK

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is
THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects
Language: en
Pages: 247
Authors: Charles M. Fombad
Categories: Constitutional history
Type: BOOK - Published: 2016-12-30 - Publisher: PULP

DOWNLOAD EBOOK

Education for Popular Sovereignty Through Implementing the Constitution and the Bill of Rights
Language: en
Pages: 744
Authors: Harold Norris
Categories: Civil rights
Type: BOOK - Published: 1991 - Publisher:

DOWNLOAD EBOOK

Scroll to top