Book contents
- Moral Puzzles and Legal Perplexities
- Moral Puzzles and Legal Perplexities
- Copyright page
- Dedication
- Contents
- Figures
- Contributors
- Acknowledgments
- 1 Introduction
- Part I Puzzles in Criminal Law
- Part II Problems in Constitutional Law
- 7 Justifying Academic Freedom
- 8 Vindicating Judicial Supremacy
- 9 Alexander’s “Simple-Minded Originalism”
- 10 Subjective versus Objective Intentionalism in Legal Interpretation
- 11 Simple-Minded Originalism? Simply Wrong!
- 12 Intentions in Tension
- 13 Alexander’s ConstitutionalismA Qualified Defense
- Part III Perplexities in Jurisprudence
- Part IV Paradoxes in Moral Philosophy
- Bibliography of Works by Larry Alexander
- Index
8 - Vindicating Judicial Supremacy
from Part II - Problems in Constitutional Law
Published online by Cambridge University Press: 02 November 2018
Edited by
Book contents
- Moral Puzzles and Legal Perplexities
- Moral Puzzles and Legal Perplexities
- Copyright page
- Dedication
- Contents
- Figures
- Contributors
- Acknowledgments
- 1 Introduction
- Part I Puzzles in Criminal Law
- Part II Problems in Constitutional Law
- 7 Justifying Academic Freedom
- 8 Vindicating Judicial Supremacy
- 9 Alexander’s “Simple-Minded Originalism”
- 10 Subjective versus Objective Intentionalism in Legal Interpretation
- 11 Simple-Minded Originalism? Simply Wrong!
- 12 Intentions in Tension
- 13 Alexander’s ConstitutionalismA Qualified Defense
- Part III Perplexities in Jurisprudence
- Part IV Paradoxes in Moral Philosophy
- Bibliography of Works by Larry Alexander
- Index
Summary
Larry Alexander has made a conceptual case for judicial supremacy based on a claim about the function of law. He has emphasized that his account is independent of history and that the judicial role for which he argues is constrained by the character of the interpretive project. This chapter identifies historical support for American judicial supremacy but draws from the history reasons to conclude that this supremacy entails extensive judicial lawmaking that is largely unconstrained by constitutional text and history.
- Type
- Chapter
- Information
- Moral Puzzles and Legal PerplexitiesEssays on the Influence of Larry Alexander, pp. 134 - 152Publisher: Cambridge University PressPrint publication year: 2018