Journal article
Linking the questions: judicial supremacy as a matter of constitutional interpretation
Washington University Law Review, Vol.89(6), p1309
01 Sep 2012
Abstract
This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account of the practice of constitutional interpretation. Without a clear sense of what constitutional interpretation involves, one cannot assess the prevailing assumption that the Supreme Court is uniquely positioned to interpret the Constitution or explore an expertise-based justification for its claim to finality. This Article, therefore, revisits the debate about judicial supremacy by starting, not with history or politics, but with constitutional interpretation itself.
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Details
- Title
- Linking the questions: judicial supremacy as a matter of constitutional interpretation
- Creators
- Tabatha Abu El-Haj
- Publication Details
- Washington University Law Review, Vol.89(6), p1309
- Publisher
- Washington University, School of Law
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020534928304721