one of my favorite judges: constitutional interpretation, democracy and antonin scalia

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2017
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Abstract
In this article the author explains why Antonin Scalia was one of his favourite judges. It starts by excerpting some of Justice Scalia’s most biting and funny comments, both from judicial and extra-judicial sources. Then it explains the attractions of an originalist approach to constitutional interpretation, though arguing that the intentionalist strain is preferable to Scalia’s ‘original public meaning’ or ‘new originalism’ approach. Finally, it argues that within the confines of a constitutional structure with an entrenched bill of rights, Scalia was a strong proponent of democratic decision-making to resolve key social policy decisions, unlike many other top judges.
Reference Key
james2017britishone Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors ;Allan James
Journal british journal of american legal studies
Year 2017
DOI
10.1515/bjals-2017-0003
URL
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