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John Hart Ely Democracy and Distrust (Paperback) (UK IMPORT)
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eBay item number:276244789946
Item specifics
- Condition
- Book Title
- Democracy and Distrust
- Publication Name
- Democracy and Distrust : a Theory of Judicial Review
- Title
- Democracy and Distrust
- Subtitle
- A Theory of Judicial Review
- Format
- Trade Paperback
- ISBN-10
- 0674196376
- EAN
- 9780674196377
- ISBN
- 9780674196377
- Publisher
- Harvard University Press
- Genre
- Law & Politics
- Release Date
- 15/08/1981
- Release Year
- 1981
- Language
- English
- Country/Region of Manufacture
- US
- Item Height
- 0.7in
- Item Length
- 9.2in
- Item Width
- 6.1in
- Item Weight
- 14.4 Oz
- Publication Year
- 1981
- Type
- Textbook
- Number of Pages
- 280 Pages
About this product
Product Information
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory." Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Product Identifiers
Publisher
Harvard University Press
ISBN-10
0674196376
ISBN-13
9780674196377
eBay Product ID (ePID)
249263
Product Key Features
Publication Name
Democracy and Distrust : a Theory of Judicial Review
Format
Trade Paperback
Language
English
Publication Year
1981
Type
Textbook
Number of Pages
280 Pages
Dimensions
Item Length
9.2in
Item Height
0.7in
Item Width
6.1in
Item Weight
14.4 Oz
Additional Product Features
Reviews
The single most important contribution to the American theory of judicial review written in this century., This is the most important book about law in at least fifteen years. It is a great book...In developing his new and exciting theory, Ely spins off important insights like sparks from a generator., Democracy and Distrust will have a wide influence for a long time...Ely writes simply and engaginly with a sense of humor. Yet the reader had better keep his wits about him lest he miss the subtleties. Much of the charm is in the author's candor in facing hard questions. Much of it lies in his good common sense., Wry, witty, and endowed with both dignity and informality. Would that more lawyers (including judges) could write half so well., John Ely takes a fresh and bold look at one of our oldest national mysteries, the justification for judicial power in a democracy. He slices away at some of my favorite legal theories, and he is devastating. But he does it with such understanding and even humor that it seems not bloody but enlightening., We are dealing, ladies and gentlemen, with a truly stylish mind in Mr. Ely. Even if one rejects his argument...one cannot fail to enjoy the intellectual zest with which he tackles a host of issues, large and small, along the way... Ely's mere presence on the scene is almost enough to guarantee a stimulating period in constitutional theory during the years to come.
Table of Content
1. The Allure of Interpretivism 2. The Impossibility of a Clause-Bound Interpretivism 3. Discovering Fundamental Values 4. Policing the Process of Representation: The Court as Referee 5. Clearing the Channels of Political Change 6. Facilitating the Representation of Minorities Conclusion Notes Index
Copyright Date
1980
Topic
American Government / Judicial Branch, Constitutional, Judicial Power, General
Lccn
79-019859
Dewey Decimal
347.307/262
Intended Audience
Scholarly & Professional
Dewey Edition
19
Illustrated
Yes
Genre
Law, Political Science
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Product is 95% alike picture but a little more blurry. Controller play well but had a notice from psn that my joypad wasn't authentic and could by problematic🤷♂️ no trouble so far! Shipping was fast but no tracking and worst packaging ever.. like the box came banged up... send a question to seller never had a reply 😅.... Good product overall, excellent price, fast shipping, wrapped only on 4 sides out of 6, no tracking and never reply... 4★ product / 2★ seller ✌️
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The book is in perfect condition, brand new, and is exactly as described. This item is difficult to find here, and the seller priced it very reasonably. It shipped from the UK to Canada, and unfortunately took a little longer to arrive than the seller hoped, but it was shipped less than 24 hours after I purchased. When I contacted the seller, they were very responsive and helpful. I would not hesitate to purchase from this seller again. Definitely recommend!
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