• Title: Judicial Review in an Objective Legal System
  • Author: Tara Smith
  • ISBN: null
  • Page: 484
  • Format: Kindle Edition
  • Judicial Review in an Objective Legal System 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 mo
    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,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.

    One Reply to “Judicial Review in an Objective Legal System”

    1. As a third-year law student, I found this book to be a much-needed breath of fresh air. Amid a seeming labyrinth of legal scholarship warped by decades of tradition-weighted misconceptions, the great virtue of this book is clarity. Smith cuts straight to the core of objectivity, of the distinct reason for our having a legal system at all, and of the ultimate duty that judges are charged with in conducting judicial review. In so doing, she identifies the essential strengths and weaknesses of the [...]

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