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Judicial Review in an Objective Legal System Tara Smith (University of Texas, Austin)

Judicial Review in an Objective Legal System By Tara Smith (University of Texas, Austin)

Judicial Review in an Objective Legal System by Tara Smith (University of Texas, Austin)


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Summary

The debate over judicial review typically frames law's meaning as either rigid or elastic, strictly given or subjectively interpreted. By examining the operation of the wider legal system, this book provides a new framework for understanding objective judicial review.

Judicial Review in an Objective Legal System Summary

Judicial Review in an Objective Legal System by Tara Smith (University of Texas, Austin)

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.

About Tara Smith (University of Texas, Austin)

Tara Smith is a Professor of Philosophy at the University of Texas, Austin. She is the author of Moral Rights and Political Freedom, Viable Values: A Study of Life as the Root and Reward of Morality and Ayn Rand's Normative Ethics: The Virtuous Egoist. Her writings have been translated into several languages including Chinese, Japanese and Hebrew.

Table of Contents

1. Introduction; Part I. An Objective Legal System: 2. Objectivity - getting reality right; 3. Objectivity in a legal system - three cornerstones; 4. The moral imperative of the rule of law; 5. The moral authority beneath the law; 6. A written constitution - bedrock legal authority; Part II. Implications for Judicial Review: 7. Judicial review - the reigning accounts' failure; 8. Objective judicial review - understanding the law in context; 9. Proper review in contemporary conditions; Conclusion.

Additional information

NLS9781107534957
9781107534957
110753495X
Judicial Review in an Objective Legal System by Tara Smith (University of Texas, Austin)
New
Paperback
Cambridge University Press
2015-09-28
302
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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