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Article: The Supreme Court 2004 term.
- Article from:
- Harvard Law Review
- Article date:
- November 1, 2005
CopyrightCOPYRIGHT 2005 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
I. WHAT THE STATISTICS SHOW
II. POLITICAL JUDGING
A. A Constitutional Court Is a Political Court
B. Aggressive Versus Modest Approaches to Political Judging
in Constitutional Cases
III. SOME ALTERNATIVE CONCEPTIONS OF THE COURT
A. The Court as Expert Administrator
B. Institutionally Constrained Justices
C. The Court as Moral Vanguard
D. The Cosmopolitan Court
IV. A PRAGMATIC COURT?
FOREWORD: A POLITICAL COURT
The notion that the genuine values of the people can most reliably be discerned by a nondemocratic elite is sometimes referred to in the literature as "the Fuhrer principle," and ...