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020 _a9780674249127
_qPDF
024 7 _a10.4159/9780674249127
_2doi
035 _a(DE-B1597)9780674249127
035 _a(DE-B1597)665195
040 _aDE-B1597
_beng
_cDE-B1597
_erda
050 4 _aKF4575
_b.E4
072 7 _aLAW018000
_2bisacsh
082 0 4 _a347/.73/262
_218
084 _aonline - DeGruyter
100 1 _aEly, John Hart
_eautore
245 1 0 _aDemocracy and Distrust :
_bA Theory of Judicial Review /
_cJohn Hart Ely.
264 1 _aCambridge, MA :
_bHarvard University Press,
_c[2020]
264 4 _c©1981
300 _a1 online resource (280 p.)
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
505 0 0 _tFrontmatter --
_tPreface --
_tContents --
_t1 The Allure of Interpretivism --
_t2 The Impossibility of a Clause-Bound Interpretivism --
_t3 Discovering Fundamental Values --
_t4 Policing the Process of Representation: The Court as Referee --
_t5 Clearing the Channels of Political Change --
_t6 Facilitating the Representation of Minorities --
_tConclusion --
_tNotes --
_tIndex
506 0 _arestricted access
_uhttp://purl.org/coar/access_right/c_16ec
_fonline access with authorization
_2star
520 _aThis powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.”Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
538 _aMode of access: Internet via World Wide Web.
546 _aIn English.
588 0 _aDescription based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
650 0 _aJudicial review
_zUnited States.
650 7 _aLAW / Constitutional.
_2bisacsh
850 _aIT-RoAPU
856 4 0 _uhttps://doi.org/10.4159/9780674249127?locatt=mode:legacy
856 4 0 _uhttps://www.degruyter.com/isbn/9780674249127
856 4 2 _3Cover
_uhttps://www.degruyter.com/document/cover/isbn/9780674249127/original
942 _cEB
999 _c299812
_d299812