Democracy and distrust

By John Hart Ely

Subjects: Law, political aspects, Direito processual civil, Toetsingsrecht, Judicial review, Contrôle juridictionnel des lois

Description: 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. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.