Judicial review in an objective legal system / Tara Smith, University of Texas at Austin.

Format:

Book

Author/Creator:

Smith, Tara, 1961- author.

Language:

English

Subjects (All):

Law--Interpretation and construction.

Law.

Objectivity.

Judicial review.

Rule of law.

Physical Description:

vii, 293 pages ; 24 cm

Place of Publication:

New York, NY : Cambridge University Press, 2015.

Summary:

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.-- Provided by Publisher.

Contents:

Part 1. An objective legal system. Objectivity : getting reality right

Objectivity in a legal system : three cornerstones

The moral imperative of the rule of law

The moral authority beneath the law

A written constitution : bedrock legal authority

Part 2. Implications for judicial review. Judicial review : the reigning accounts' failure

Objective judicial review : understanding the law in context

Proper review in contemporary conditions

Conclusion.

Notes:

Includes bibliographical references and index.

ISBN:

9781107114494

1107114497

9781107534957

110753495X

OCLC:

905700172