Methods Of Interpretation

Author: Lackland H. Bloom (Jr.)
Publisher: Oxford University Press on Demand
Size: 35.93 MB
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This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

How To Do Things With Rules

Author: William Twining
Publisher: Cambridge University Press
ISBN: 1139488244
Size: 54.62 MB
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In this respect, the recent book entitled Methods of Interpretation by Lackland
Bloom provides one model for development which is quite close ... 102 L. Bloom,
Methods of Interpretation: How the Supreme Court Reads the Constitution (2009)

American Constitutional Law

Author: Donald P. Kommers
Publisher: Rowman & Littlefield
ISBN: 9780742526877
Size: 40.28 MB
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he first part of this book (chapters 1 and 2) provides students with background on
the Supreme Court and the Court's role in the American system of government as
well as an overview of the process of constitutional interpretation. It locates the
Court within our ... Court opinions. Reading constitutional cases is not like
reading P. G. Wodehouse or S. J. Perelman ... Accordingly, chapter 2 introduces
students to various methods and sources of constitutional advocacy. As we shall
see, ...

Do Great Cases Make Bad Law

Author: Lackland H. Bloom, Jr.
Publisher: Oxford University Press
ISBN: 019084289X
Size: 29.62 MB
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In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v.

A Citizen S Guide To The Constitution And The Supreme Court

Author: Morgan Marietta
Publisher: Routledge
ISBN: 1135015317
Size: 61.13 MB
Format: PDF, ePub
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This approach is known as transcendence, reading the Constitution for its
overarching meaning. If we read ... Four Schools of Interpretation (or Ways of
Reading the Constitution) The conventions of reading the Constitution moved
quickly from ...

The Encyclopedia Of The Supreme Court

Author: David Shultz
Publisher: Infobase Publishing
ISBN: 0816067392
Size: 33.66 MB
Format: PDF, Mobi
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This refers to the method and tools judges use when reading the Constitution. As
with countermajoritarian ... First and foremost, there is the method of
interpretation used to explicate both constitutional powers and rights. Generally
conceived in ...

The Oxford Handbook Of The Indian Constitution

Author: Sujit Choudhry
Publisher: Oxford University Press
ISBN: 0191058610
Size: 59.69 MB
Format: PDF, Docs
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A more sceptical reading of the Supreme Court's jurisprudence during this phase
might be offered—could it be said that cases such as Gopalan and ... In the
second phase, the Supreme Court began exploring other methods of

Constitutional Adjudication In Africa

Author: Charles M Fombad
Publisher: Oxford University Press
ISBN: 0192538632
Size: 37.84 MB
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In the case of the Supreme Court, the doctrine of precedent means that that Court
is bound by its own previous decisions. ... interpretation except where something
in the text or the rest of the constitution would justify a narrow view.71 A holistic
approach to interpretation is implicit in this method. According to Smith,72 the first
step in constitutional interpretation should be 'a simple reading of the text'.

American Constitutionalism

Author: Stephen M. Griffin
Publisher: Princeton University Press
ISBN: 9781400822126
Size: 48.42 MB
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The Court's use of such multiple methods can be fairly described as a pluralistic
theory of constitutional interpretation. The pluralism of methods ... This approach
illuminates both the Supreme Court's jurisprudence and academic theory. It is
useful to see ... 27 See, e.g., Laurence H. Tribe and Michael C. Dorf, On Reading
the Constitution (Cambridge: Harvard University Press, 1991), pp. 114–17; Harry

Democracy Gone

Author: Robert P. Abele
Publisher: University Press of America
ISBN: 0761846751
Size: 55.99 MB
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The importance of understanding a mode of constitutional interpretation is this:
thanks to liberal passivity and lack of ... we now have a Supreme Court ruled by
those who would interpret the Constitution in the most simplistic and narrow way
yet invented. ... This extremely narrow reading of the Constitution is adverse to
civil liberties in general, and most specifically those ... One must have a method
of interpreting the Constitution in order to demonstrate the insufficiencies and
extreme ...