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ISBN: 0700607064 Year: 1995 Publisher: Lawrence, Kan. University Press of Kansas
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ISBN: 1280451777 9786610451777 0198026099 0585337373 9780585337371 9781280451775 9780195353495 0195353498 0195100824 0195118049 9780195118049 9780195100822 128238421X 9786612384219 1602562539 0197719813 Year: 1996 Publisher: New York Oxford University Press
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Legal reasoning can seem impenetrable. Sunstein dissolves the mystery, arguing that fundamental issues are for the public, not for courts. Judges try to resolve particular cases without taking sides on large-scale social controversies.
Law. --- Law --- Law, Politics & Government --- Law, General & Comparative --- Law and politics --- Legal reasoning --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Methodology --- Political aspects --- Methodology. --- Political aspects. --- Law - Methodology --- Law - Political aspects - United States --- Law - United States - Methodology --- Law - Methodology. --- Law - Political aspects. --- Law - United States - Methodology. --- Law - Political aspects - United States. --- Law and politics. --- Interpretation and construction.
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ISBN: 0197531008 0197531024 9780197531006 0197531016 9780197530993 0197530990 0197530990 9780197530993 Year: 2020 Publisher: New York, New York : Oxford University Press,
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"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Constitutional law --- Political aspects --- Political aspects. --- United States --- Politics and government --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Constitutional law - Political aspects - United States --- Etats-Unis --- United States - Politics and government - 2017 --- -Constitutional law
ISBN: 0195100824 9780195100822 Year: 1996 Publisher: New York Oxford University Press
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Legal theory and methods. Philosophy of law --- United States --- Droit et politique --- Law and politics --- Recht en politiek --- Law --- -Law --- -Methodology --- Political aspects --- Methodology. --- Political aspects. --- Methodology --- Law - United States - Methodology. --- Law - Political aspects - United States. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Legal reasoning --- Law - Methodology --- Law - Political aspects - United States --- Law - United States - Methodology --- United States of America
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