Constitutional Argument and Institutional Structure in the United States

Categorie

Constitution: government & the

Winkel

Wordery

Merk

Bloomsbury publishing (uk)

Constitutional Argument and Institutional Structure in the United States : Hart Publishing : 9781509917174 : 1509917179 : 22 Mar 2018 : US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally

97.99 EUR