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Constitutional Fate: Theory of the Constitution, by Philip Bobbitt
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Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
- Sales Rank: #467283 in Books
- Published on: 1984-03-15
- Original language: English
- Number of items: 1
- Dimensions: 5.31" h x .78" w x 8.00" l, .86 pounds
- Binding: Paperback
- 304 pages
Review
"Extraordinary. This is the outstanding recent work treating Constitutional Law in terms of the legitimating effects of argumentation. It ranks among the most original and impressive works of American jurisprudence to appear during the decade."
--Paul Mattson, University of California, Santa Barbara
"A subtle examination of the legitimacy of judicial review. Constitutional Fate is an exceptional work. A strong reminder that judicial review, properly undertaken, can serve a variety of functions and guarantee a variety of interests in modern society."
--Yale Law Journal
"An erudite and cogent presentation. Adds a dimension that significantly enriches one's understanding both of judicial review and of much recent academic discussion surrounding it."
--American Political Science Review
About the Author
Philip Bobbitt is at University of Texas, Austin.
Most helpful customer reviews
11 of 12 people found the following review helpful.
on of the best books on judicial review
By Thucydides
This is an excellent book for scholars interested in judicial review. Bobbitt breaks down the typology of constitutional interpretation into six categories.
It is not written in a manner that is accessible for the casual reader, but if you are interested in how constitutional interpretation is approached from different philosophies - what separates a Justice Frankfurter from a Justice Black, or a Scalia from Stevens -- then I would highly reccomend this book.
2 of 3 people found the following review helpful.
An Interesting Approach
By BD Hermes
This book provides a well written explanation to the logic of various constitutional arguments. The inclusion of arguments favored by Justices as well as specific situations in which they were relevant helps establish the relevant context clearly and effectively.
While the strict empiricist may finish reading disappointed, those looking for insight into the approach of judges would be well served to give this a look.
1 of 2 people found the following review helpful.
Insight To Complexity of Constitutionalism
By D. Molloy
Listing a series of intellectual and legal perspectives to interpreting the Constitution, Bobbit makes clear that "Originalism" is not the Rosetta Stone but is simply one lens through which to look at Constitutional issues.
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