Chapter

Constitutional Judging

Adrian Vermeule

in The System of the Constitution

Published in print February 2012 | ISBN: 9780199838455
Published online May 2012 | e-ISBN: 9780199932481 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199838455.003.0006
Constitutional Judging

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This chapter illustrates a systemic view of constitutional judging—especially judging by justices of the U.S. Supreme Court. It also considers decisions by other actors that bear more or less directly on judging, such as the appointment of judges by presidents and senators. The aim is to show that a systemic perspective on judging is analytically indispensable, even from the internal standpoint of any given judge, and yields questions and implications that traditional legal theory has overlooked.

Keywords: constitutional judging; justice; U.S. Supreme Court; appointment of judges; legal theory

Chapter.  12490 words. 

Subjects: Constitutional and Administrative Law

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