Rethinking Constitutional Law Originalism, Interventionism, and the Politics of Judicial Review |
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| Author:
| Maltz, Earl M. |
| ISBN: | 978-0-7006-0653-5 |
| Publication Date: | Mar 1994 |
| Publisher: | University Press of Kansas
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| Book Format: | Hardback |
| List Price: | USD $39.95 |
Book Description:
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Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.
Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.