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文章基本信息

  • 标题:1937 Redux? Reflections On Constitutional Development And Political Structures
  • 本地全文:下载
  • 作者:Mark Tushnet
  • 期刊名称:Journal of Constitutional Law
  • 印刷版ISSN:1521-2823
  • 电子版ISSN:1942-8561
  • 出版年度:2012
  • 卷号:14
  • 期号:5
  • 页码:1103
  • 出版社:University of Pennsylvania Law School
  • 摘要:We have several ways of thinking about the Supreme Court and constitutional change. One method, exemplified often in "end of the Term" commentary, takes the cases as they come to the Court, uses rough categories such as "liberal" and "conservative" or "pro-business" and "pro-consumer" to describe the outcomes, and at-tempts to identify some trends in doctrine and outcomes. This me-thod focuses almost exclusively on the Supreme Court in isolation from the rest of the government, except in occasional references to the possibility that a new Justice might affect the outcomes in some of the cases discussed. This method can generate fine-grained insights into the Court's quotidian work, but often misses the Court's role in the overall—and changing—system of government.
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