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Disclosure in Criminal Proceedings

Edited by: Paul Jarvis, Oliver Glasgow
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Drink and Drug-Drive
Case Notes 4th ed




 P. M. Callow


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Enquiries of Local Authorities
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A Practical Guide 7th ed



 Keith Pugsley, Ken Miles


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Who Am I to Judge? Judicial Craft versus Constitutional Theory


ISBN13: 9780300277012
Published: April 2025
Publisher: Yale University Press
Country of Publication: USA
Format: Paperback
Price: £25.00



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A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?

Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court’s history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can’t get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.