(Download) "Double-Consciousness in Constitutional Adjudication" by Review of Constitutional Studies " Book PDF Kindle ePub Free
eBook details
- Title: Double-Consciousness in Constitutional Adjudication
- Author : Review of Constitutional Studies
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 103 KB
Description
I. INTRODUCTION In a recent essay, Cass Sunstein offers useful terms for distinguishing between two reasons why judges might hesitate before ruling that constitutional law requires a result that the public strongly opposes. (1) One reason is epistemic and the other consequentialist. The epistemic reason, boiled down, is that if a large number of people believe a given view to be correct, one should think hard before concluding that they are mistaken. The consequentialist reason, also boiled down, is that even if a judicial ruling is legally correct, it could still be unpopular enough to provoke a public backlash that would damage both the specific cause served by the court's ruling and the general climate of obedience to legal institutions. (2) In this essay, I suggest that there is also a third reason why some strongly held public views should figure in constitutional adjudication. We can call this third alternative the constitutive reason.
 "Double-Consciousness in Constitutional Adjudication" by Review of Constitutional Studies " Book PDF Kindle ePub Free){kind=link}