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8 - Vindicating Judicial Supremacy

from Part II - Problems in Constitutional Law

Published online by Cambridge University Press:  02 November 2018

Heidi M. Hurd
Affiliation:
University of Illinois
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Summary

Larry Alexander has made a conceptual case for judicial supremacy based on a claim about the function of law. He has emphasized that his account is independent of history and that the judicial role for which he argues is constrained by the character of the interpretive project. This chapter identifies historical support for American judicial supremacy but draws from the history reasons to conclude that this supremacy entails extensive judicial lawmaking that is largely unconstrained by constitutional text and history.
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Moral Puzzles and Legal Perplexities
Essays on the Influence of Larry Alexander
, pp. 134 - 152
Publisher: Cambridge University Press
Print publication year: 2018

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