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- Title
Why Liberals and Conservatives Flipped on Judicial Restraint: Judicial Review in the Cycles of Constitutional Time.
- Authors
Balkin, Jack M.
- Abstract
The article focuses on how the rise and fall of regimes affects attitudes about judicial review and how the constitutional theories of legal intellectuals also reflect the rise and fall of political regimes. It mentions constitutional theories such as originalism and living constitutionalism also evolve to reflect changing views about judicial review and judicial restraint. It also mentions views about judicial activism and judicial restraint mirror the rise and fall of political regimes.
- Subjects
JUDICIAL review; ORIGINALISM (Constitutional interpretation); CONSTITUTIONALISM; JUDICIAL restraint; POLITICAL questions &; judicial power
- Publication
Texas Law Review, 2019, Vol 98, Issue 2, p215
- ISSN
0040-4411
- Publication type
Article