[DOWNLOAD] "Politics, Constitutional Interpretation, And Media Ecology: An Argument Against Judicial Minimalism." by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free
eBook details
- Title: Politics, Constitutional Interpretation, And Media Ecology: An Argument Against Judicial Minimalism.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 298 KB
Description
INTRODUCTION There is a venerable tradition of judicial humility in American constitutional law. The modern conception of judicial restraint (1) can be traced back to an article written by Professor James Bradley Thayer in 1893. (2) Thayer's argument that the Court should give all possible deference to Congress's interpretation of the Constitution (3) influenced Justice Holmes, who employed it in his battle against economic due process doctrine and the perceived excesses of a conservative Court. (4) But it was Justice Holmes's friend and colleague Justice Brandeis who distilled minimalism to a specific set of doctrines in his 1936 concurrence in Ashwander v. Tennessee Valley Authority. (5)
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