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Judicial Review in an Objective Legal System

By Tara Smith
Paperback
$47.00
By Tara Smith
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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 ass...

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