Methods Of Interpretation

Author: Lackland H. Bloom (Jr.)
Publisher: Oxford University Press on Demand
ISBN:
Size: 21.83 MB
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This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

How To Do Things With Rules

Author: William Twining
Publisher: Cambridge University Press
ISBN: 1139488244
Size: 65.41 MB
Format: PDF, ePub
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The kind of approach adopted by Bloom could be readily applied to the
interpretive practices of different courts in the United Kingdom and Europe and to
systematic comparison of judicial methodologies across levels of law and legal
traditions. 11 Rules, reasoning and interpretation The subtitle of this book. 100
Appendix X. 101 A. Aarnio and D. N. MacCormick (eds.) Legal Reasoning (1992)
. 102 L. Bloom, Methods of Interpretation: How the Supreme Court Reads the
Constitution ...

American Constitutional Law

Author: Donald P. Kommers
Publisher: Rowman & Littlefield
ISBN: 9780742526877
Size: 11.84 MB
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he first part of this book (chapters 1 and 2) provides students with background on
the Supreme Court and the Court's role in the American system of government as
well as an overview of the process of constitutional interpretation. It locates the
Court within our "dual" ... Felix Frankfurter once remarked that judicial opinions
often "convey accents and nuances which the ear misses on a single reading,
and [they] reveal meanings in silences." Unveiling these nuances and "listening"
to ...

Global Constitutionalism

Author: Aydin Atilgan
Publisher: Springer
ISBN: 3662556472
Size: 39.51 MB
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“non-intervention” on rights.352 On the other hand, in both common and civil law
traditions, the statutory interpretation has a special gravity,353 and thereby
constitutions have been reconstructed through some progressive interpretation
methods in the case law of constitutional courts. A contemporary understanding
of constitution that originates from the rulings of the US Supreme Court in the
twentieth century, reads the constitution as a living organism that is always
subject to change.

A Citizen S Guide To The Constitution And The Supreme Court

Author: Morgan Marietta
Publisher: Routledge
ISBN: 1135015317
Size: 74.52 MB
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6 Nonetheless, the conven- tion of reading the Constitution comprehensively is
highly disputed, not merely because most readers are accustomed to only
looking for specific passages, but because a comprehensive approach can lead
to more problematic conclusions. If we read the Constitution ... Four Schools of
Interpretation (or Ways of Reading the Constitution) The conventions of reading
the Constitution moved quickly from consensus to conflict. This is only a starting
point for the ...

Active Liberty

Author: Stephen Breyer
Publisher: Vintage
ISBN: 9780307424617
Size: 69.32 MB
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Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. From the Trade Paperback edition.

The Encyclopedia Of The Supreme Court

Author: David Shultz
Publisher: Infobase Publishing
ISBN: 0816067392
Size: 40.78 MB
Format: PDF, Kindle
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The second level focuses on judges as legal officers; it concerns the Court's role
as an “interpretive” institution. This refers to the method and tools judges use
when reading the Constitution. As with countermajoritarian activism/restraint, we
can identify legal, or interpretive, activism and restraint by several measures. First
and foremost, there is the method of interpretation used to explicate both
constitutional powers and rights. Generally conceived in terms of “strict
construction” versus ...

Do Great Cases Make Bad Law

Author: Lackland H. Bloom, Jr.
Publisher: Oxford University Press (UK)
ISBN: 019976588X
Size: 48.25 MB
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The purpose of this book is to examine 25 great cases that arose throughout the history of the Supreme Court and to attempt to determine whether Holmes was correct.

The Wisconsin State Constitution

Author: Jack Stark
Publisher: Oxford University Press on Demand
ISBN: 019977918X
Size: 60.20 MB
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state of affairs necessitated interpreting the constitution so as to adapt its
principles to the “practical affairs of government.” Six years later ... One of the
three major methods of interpreting the constitution is reading it literally, using a
method that now is commonly called applying the plain meaning rule. ... A few
years later a justice (by that time the term used for members of the supreme court
had been changed) more clearly employed the plain meaning rule (The Attorney
General ex rel.

A Matter Of Interpretation Federal Courts And The Law

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 9781400822171
Size: 54.95 MB
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This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.