Revolution by Judiciary

Autorentext
Jed Rubenfeld is Robert R. Slaughter Professor of Law, Yale Law School.

Klappentext
theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.


Zusammenfassung
Constitutional law's central narrative in the 20th century has been one of radical reinterpretationBrown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.

Inhalt
Acknowledgments I. THE STRUCTURE OF CONSTITUTIONAL LAW 1. Introduction: Radical Reinterpretation 2. Rights 3. Powers II. COMMITMENT, INTENTION, AND SELF-GOVERNMENT 4. The Paradox of Commitment 5. Commitments and Original Understandings 6. Two Objections III. CONSTITUTIONAL LAW TODAY 7. Has Constitutional Law Stopped Making Sense? 8. The Anti-Anti-Discrimination Agenda 9. Sex, Commerce, Preferences Notes Index

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