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portada Judicial Review in an Objective Legal System
Type
Physical Book
Year
2015
Language
English
Pages
302
Format
Hardcover
ISBN13
9781107114494
Edition No.
1

Judicial Review in an Objective Legal System

Tara Smith (Author) · Cambridge University Press · Hardcover

Judicial Review in an Objective Legal System - Tara Smith

New Book

£ 120.15

  • Condition: New
Origin: Spain (Import costs included in the price)
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Synopsis "Judicial Review in an Objective Legal System"

How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.

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