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Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz
Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch
The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch
Faculty Articles and Papers
The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts. In perhaps no other country is the legitimacy of the constitutional judge a more important issue than in the United States. Constitutional judicial review of acts of the government has had, and continues to have, a profound effect on the extent and character of public action. The constitutional decisions of the courts govern, to a significant degree, some of the most intensely controversial questions of public policy. …