New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Bookseller Inventory #
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?
Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.
Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.”
Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels―from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
From the Back Cover: This book elaborates a third theory of judicial review, one that the author argues is consistent with those underlying assumptions, in fact constructed so as to enlist the courts in helping to make them a reality.
Title: Democracy and Distrust: A Theory of Judicial...
Publisher: Harvard University Press
Publication Date: 1980
Book Condition: New
Book Description Harvard University Press, 1980. Paperback. Condition: Good. Old sticker on cover Good solid copy, mild to moderate reading/age wear, no DJ if issued, may have some markings or exowner inscription. We take great pride in accurately describing the condition of our books and media, ship within 48 hours, and offer a 100% money back guarantee. Seller Inventory # mon0000081644
Book Description Harvard University Press. Paperback. Condition: Fair. A readable copy. All pages are intact, and the cover is intact. Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. An ex-library book and may have standard library stamps and/or stickers. At ThriftBooks, our motto is: Read More, Spend Less. Seller Inventory # G0674196376I5N10
Book Description Harvard University Press. Paperback. Condition: Fair. A readable copy. All pages are intact, and the cover is intact. Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. At ThriftBooks, our motto is: Read More, Spend Less. Seller Inventory # G0674196376I5N00
Book Description Harvard University Press, 1980. Paperback. Condition: Good. Connecting readers with great books since 1972. Used books may not include companion materials, some shelf wear, may contain highlighting/notes, may not include cdrom or access codes. Customer service is our top priority!. Seller Inventory # S_224168822
Book Description Harvard University Press. PAPERBACK. Condition: Good. 0674196376 Item in good condition and has highlighting/writing on text. Used texts may not contain supplemental items such as CDs, info-trac etc. Seller Inventory # Z0674196376Z3
Book Description Harvard University Press, 1980. Paperback. Condition: Used: Good. Scattered pencil markings, but still easily legible and otherwise very nice. Ships with tracking the same or next business day from New Haven, CT. We fully guarantee to ship the exact same item as listed and work hard to maintain our excellent customer service. Seller Inventory # 052018010
Book Description Harvard University Press, 1980. Paperback. Condition: Used: Acceptable. Seller Inventory # SONG0674196376
Book Description Harvard University Press, 1980. Condition: UsedAcceptable. book. Seller Inventory # M0674196376_4
Book Description Harvard Univ Pr, 2002. Trade Paperback. Condition: Good, Used Textbook. edge and corner wear. stickers. price stamp. scribble on ffep, but otherwise text is unmarked. tight. Seller Inventory # 3030277
Book Description Harvard University Press, 1980. Condition: Good. This is an ex-library book and may have the usual library/used-book markings inside.This book has soft covers. In good all round condition. , 500grams, ISBN:9780674196377. Seller Inventory # 7327078