Chapter

Rational Instrumentalism

in Regulatory Rights

Published by University of Chicago Press

Published in print October 2007 | ISBN: 9780226944715
Published online March 2013 | e-ISBN: 9780226944739 | DOI: http://dx.doi.org/10.7208/chicago/9780226944739.003.0005
Rational Instrumentalism

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This chapter investigates the Supreme Court's use of rational instrumentalism to arrange the issues that demand resolution in actual cases, specifically exploring the modern illustrations of the work the justices actually perform in cases involving substantive rights. The cases that reach the Supreme Court demand difficult decisions and thus invite disagreement along the bench. The justices equally appear to debate whether a regulation serves a “legitimate” governmental objective, thus to decide whether it is valid under any standard of review. Rational instrumentalism calls on the justices to consider not only the means government selects, but also the ends those means may serve, and plainly makes governmental purpose an essential feature of the content of substantive rights. It also helps the justices decide whether government is acting rationally in the pursuit of public ends.

Keywords: rational instrumentalism; Supreme Court; justices; substantive rights; government

Chapter.  19036 words. 

Subjects: Company and Commercial Law

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