Democracy and distrust : a theory of judicial review / John Hart Ely.

By: Ely, John Hart, 1938-Material type: Text

TextLanguage: English Publication details: Cambridge, Mass. ; London : Harvard University Press, 1980. Description: viii, 268 p. ; 24 cmISBN: 0674196368; 0674196376 (pbk)Subject(s): Judicial review -- United StatesDDC classification: 347.7312 Online resources: WorldCat details

Contents:

TOC The allure of interpretivism -- The impossibility of a clause-bound interpretivism -- Discovering fundamental values -- Policing the process of representation: the court as referee -- Clearing the channels of political change -- Facilitating the representation of minorities.

Summary: Summary: 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

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Holdings
Item type	Current library	Collection	Call number	Copy number	Status	Date due	Barcode	Item holds
Text	Dr. S. R. Lasker Library, EWU Reserve Section	Non-fiction	347.7312 ELD (Browse shelf(Opens below))	C-1	Not For Loan		6051

Total holds: 0

Online version:
Ely, John Hart, 1938-
Democracy and distrust.
Cambridge : Harvard University Press, 1980
(OCoLC)564800471

Includes bibliographical references and index

TOC The allure of interpretivism --
The impossibility of a clause-bound interpretivism --
Discovering fundamental values --
Policing the process of representation: the court as referee --
Clearing the channels of political change --
Facilitating the representation of minorities.

Summary:
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

Sociology

Tahur Ahmed

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