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Judicial Review in an Objective Legal System (Hardcover)
Loot Price: R2,970
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Judicial Review in an Objective Legal System (Hardcover)
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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.
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