Picture 1 of 1
Earl M. Maltz Rethinking Constitutional Law (Hardback) (UK IMPORT)
Another great item from Rarewaves | Free delivery!
Condition:
More than 10 available
Shipping:
Located in: GU14 0GT, United Kingdom
Delivery:
Varies
Returns:
Payments:
Shop with confidence
Seller information
- 98.4% positive feedback
Registered as a Business Seller
Seller assumes all responsibility for this listing.
eBay item number:276289440768
Item specifics
- Condition
- Book Title
- Rethinking Constitutional Law : Originalism, Interventionism, and the Politics of Judicial Review
- Publication Name
- Rethinking Constitutional Law
- Title
- Rethinking Constitutional Law
- Subtitle
- Originalism, Interventionism and the Politics of Judicial Review
- Format
- Hardcover
- EAN
- 9780700606535
- ISBN
- 9780700606535
- Publisher
- University Press of Kansas
- Genre
- Law
- Release Date
- 01/03/1994
- Release Year
- 1994
- Language
- English
- Country/Region of Manufacture
- US
- Item Weight
- 12.3 Oz
- Publication Year
- 1994
- Item Length
- 9in
- Topic
- Constitutional, Judicial Power, General, Legal History
- Item Width
- 6in
- Number of Pages
- 158 Pages
About this product
Product Information
Constitutional theory, Earl Maltz argues, has reached a critical impasse marked by a largely unproductive stalemate between originalists and nonoriginalists regarding the proper role of judicial review. It's time, he says, for both sides to rethink their positions if any hope for a more viable model of judicial review is to be realized. This book is his answer to the dilemma. Maltz reorients the debate between originalists (those who believe that judges should be bound by the original understanding in constitutional adjudication) and nonoriginalists (those who believe the original understanding should not be binding). Advocates of both sides, he shows, generally proceed from three misguided premises: that originalism is linked to both judicial deference and political conservatism; that originalism is the sole alternative to some less deferential approach to judicial review; and that the question of "legitimacy" is the central unresolved issue facing nonoriginalist theorists. This book challenges each of these premises. Maltz's contribution is threefold. First, going beyond the influential writings of authors such as Raoul Berger and Robert Bork, he reformulates the justification for originalist review and refines originalist theory itself. Second, he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; as he points out, the same argument that justifies interventionism in individual rights cases might also require the court to limit sharply the power of the federal government to regulate the economy. Third, he shows that--even leaving aside problems of legitimacy--most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.
Product Identifiers
Publisher
University Press of Kansas
ISBN-10
070060653x
ISBN-13
9780700606535
eBay Product ID (ePID)
21038719023
Product Key Features
Book Title
Rethinking Constitutional Law : Originalism, Interventionism, and the Politics of Judicial Review
Format
Hardcover
Language
English
Topic
Constitutional, Judicial Power, General, Legal History
Publication Year
1994
Genre
Law
Number of Pages
158 Pages
Dimensions
Item Length
9in
Item Width
6in
Item Weight
12.3 Oz
Additional Product Features
Lc Classification Number
Kf4550.M26 1994
Reviews
"Provides the reader with a succinct and valuable survey of academic debates over the proper function of judicial review."-- Perspectives on Politics "A brief, yet helpful, addition to the now burgeoning literature on constitutional interpretation and is useful to students and scholars exploring the interpretation debate. It clearly and concisely lays out the various positions in the debate and points out the blind spots that can develop when partisanship drives one's interpretation of the Constitution."-- American Historical Review "Maltz ably explodes scholarly myths about originalism and nonoriginalism that pervade the literature and exposes the flaws and difficulties inherent in each approach."-- Review of Politics "A stimulating challenge for all scholars of the Constitution."-- Choice, "A lovely piece of work. Maltz addresses the issues with care and a clarity that is often lacking, and if people take his arguments to heart, debate over constitutional matters will be considerably improved."-- H. Jefferson Powell , author of The Moral Tradition of American Constitutionalism "Earl Maltz has injected a needed note of candor and common sense to the important debate on the role of judicial review in our public decision making. With objectivity and discernment, he has usefully debunked more than a little of the conventional wisdom of modern constitutional law scholarship."-- Richard S. Kay, William J. Brennan Professor of Law, University of Connecticut "The best available concise discussion of current constitutional controversies for anyone who would understand the wonders performed by courts in the name of the Constitution. Clear, sensible, and hard headed, it is both fully understandable by the educated layman and challenging to scholarly proponents of judicial activism."-- Lino A. Graglia , author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools, "A lovely piece of work. Maltz addresses the issues with care and a clarity that is often lacking, and if people take his arguments to heart, debate over constitutional matters will be considerably improved."- H. Jefferson Powell , author of The Moral Tradition of American Constitutionalism "Earl Maltz has injected a needed note of candor and common sense to the important debate on the role of judicial review in our public decision making. With objectivity and discernment, he has usefully debunked more than a little of the conventional wisdom of modern constitutional law scholarship."- Richard S. Kay, William J. Brennan Professor of Law, University of Connecticut "The best available concise discussion of current constitutional controversies for anyone who would understand the wonders performed by courts in the name of the Constitution. Clear, sensible, and hard headed, it is both fully understandable by the educated layman and challenging to scholarly proponents of judicial activism."- Lino A. Graglia , author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools, "Provides the reader with a succinct and valuable survey of academic debates over the proper function of judicial review."Perspectives on Politics "A brief, yet helpful, addition to the now burgeoning literature on constitutional interpretation and is useful to students and scholars exploring the interpretation debate. It clearly and concisely lays out the various positions in the debate and points out the blind spots that can develop when partisanship drives ones interpretation of the Constitution."American Historical Review "Maltz ably explodes scholarly myths about originalism and nonoriginalism that pervade the literature and exposes the flaws and difficulties inherent in each approach."Review of Politics "A stimulating challenge for all scholars of the Constitution."Choice, "A lovely piece of work. Maltz addresses the issues with care and a clarity that is often lacking, and if people take his arguments to heart, debate over constitutional matters will be considerably improved."H. Jefferson Powell , author of The Moral Tradition of American Constitutionalism "Earl Maltz has injected a needed note of candor and common sense to the important debate on the role of judicial review in our public decision making. With objectivity and discernment, he has usefully debunked more than a little of the conventional wisdom of modern constitutional law scholarship."Richard S. Kay, William J. Brennan Professor of Law, University of Connecticut "The best available concise discussion of current constitutional controversies for anyone who would understand the wonders performed by courts in the name of the Constitution. Clear, sensible, and hard headed, it is both fully understandable by the educated layman and challenging to scholarly proponents of judicial activism."Lino A. Graglia , author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools
Table of Content
Preface 1. The Political Dynamic of Constitutional Theory 2. Originalism and Its Critics 3. Originalism and Limits on Federal Power 4. Democratic Theory, Legitimacy, and Nonoriginalist Interventionism 5. Neo-originalist Defenses of Judicial Interventionism 6. Functional Defenses of Nonoriginalist Interventionism Conclusion Notes Selected Bibliography Index
Copyright Date
1994
Lccn
93-030266
Dewey Decimal
342.73
Dewey Edition
20
Item description from the seller
Business seller information
Value Added Tax Number:
- GB 864 1548 11
Seller assumes all responsibility for this listing.
eBay item number:276289440768
Shipping and handling
Item does not ship to United States
Item location:
GU14 0GT, United Kingdom
Ships to:
Albania, Algeria, American Samoa, Americas, Andorra, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Asia, Azerbaijan Republic, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde Islands, Cayman Islands, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cook Islands, Costa Rica, Cyprus, Czech Republic, Côte d'Ivoire (Ivory Coast), Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Europe, Falkland Islands (Islas Malvinas), Fiji, Finland, French Guiana, French Polynesia, Gabon Republic, Gambia, Georgia, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Israel, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Republic of Croatia, Republic of the Congo, Reunion, Romania, Rwanda, Saint Helena, Saint Kitts-Nevis, Saint Lucia, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Sri Lanka, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Vatican City State, Venezuela, Vietnam, Virgin Islands (U.S.), Wallis and Futuna, Western Sahara, Western Samoa, Zambia, Zimbabwe
Excludes:
Afghanistan, Australia, Austria, Belarus, France, Germany, Ireland, Italy, Libya, Nauru, Netherlands, Russian Federation, Somalia, Spain, Switzerland, Ukraine, United Kingdom, United States, Yemen
| Handling time |
|---|
| Will usually ship within 5 business days of receiving cleared payment. |
| Taxes |
|---|
| Taxes may be applicable at checkout. Learn moreLearn more about paying tax on eBay purchases |
Sales tax for an item #276289440768
Sales tax for an item #276289440768
Seller collects sales tax for items shipped to the following provinces:
| Province | Sales Tax Rate |
|---|
Return policy
| After receiving the item, contact seller within |
|---|
| 30 days after the buyer receives it |
The buyer is responsible for return shipping costs.
Payment details
Payment methods
Popular categories from this store
Seller feedback (182,719)
u***n (38)- Feedback left by buyer.
Past 6 months
Verified purchase
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 ✌️
l***t (120)- Feedback left by buyer.
Past 6 months
Verified purchase
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!
s***a (696)- Feedback left by buyer.
Past month
Verified purchase
AAA seller. Item came as described and within the due date. Great communication. Well packed and no damage to the case.
Product ratings and reviews
More to explore:
- Constitutional Law Textbooks,
- Constitutional Law Hardcover Textbooks,
- Constitutional Law Textbooks in English,
- Constitutional Law Paperback Textbooks,
- Constitutional Law 2000-2009 Publication Year Textbooks,
- Law Textbooks,
- Nonfiction Constitution Fiction & Nonfiction Books,
- Law Nonfiction Fiction & Nonfiction Books,
- Law & Government Antiquarian & Collectible Books,
- Law Nonfiction Books Fiction & Nonfiction Books