[DOWNLOAD] "Toward a New Constitutional Anatomy." by Stanford Law School * eBook PDF Kindle ePub Free
eBook details
- Title: Toward a New Constitutional Anatomy.
- Author : Stanford Law School
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 443 KB
Description
INTRODUCTION By the end of the twentieth century, constitutional law and commentary had been preoccupied for decades with the question of judicial review. (3) This preoccupation focused courts and commentators on the subject of the question--the judiciary. Theories of judicial review soon became theories of judicial interpretation and theories of judicial interpretation became questions about judicial function (analysis of texts, history, and precedent). (4) This focus should seem odd if one is concerned about the structure of the Constitution as a whole. After all, the courts are only one of three departments and arguably the least powerful. Indeed, one must wonder whether a theory that begins with the courts' view of the Constitution will simply end there. Put another way, the risk is that, in the name of judicial review, courts will look into a Constitution with three departments and find only one--the judicial one.