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Constitutional Fate: Theory of the Constitution Paperback – Apr 30 1999


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Product Details

  • Paperback: 304 pages
  • Publisher: Oxford University Press; Reprint edition (April 30 1999)
  • Language: English
  • ISBN-10: 0195034228
  • ISBN-13: 978-0195034226
  • Product Dimensions: 20.3 x 2 x 13.5 cm
  • Shipping Weight: 408 g
  • Amazon Bestsellers Rank: #2,039,062 in Books (See Top 100 in Books)

Product Description

Review

"A fine, thoughtful essay, well-written....Explanation of the typology of legal arguments especially good."--Mary R. Mattingly, Texas A and I University

"Extraordinary. This is the outstanding recent work treating Constitutional Law in terms of the legitimating effects of argumentation. It ranks among the most original and impressive works of American jurisprudence to appear during the decade."--Paul Mattson, University of California, Santa Barbara

"A subtle examination of the legitimacy of judicial review....Constitutional Fate is an exceptional work....A strong reminder that judicial review, properly undertaken, can serve a variety of functions and guarantee a variety of interests in modern society."--Yale Law Journal

"An erudite and cogent presentation....adds a dimension that significantly enriches one's understanding both of judicial review and of much recent academic discussion surrounding it."--American Political Science Review

About the Author

Philip Bobbitt is at University of Texas, Austin.

Inside This Book (Learn More)
First Sentence
The central issue in the constitutional debate of the past twenty-five years has been the legitimacy of judicial review of constitutional questions by the United States Supreme Court. Read the first page
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Front Cover | Copyright | Table of Contents | Excerpt | Index
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Most Helpful Customer Reviews on Amazon.com (beta)

Amazon.com: 5 reviews
9 of 10 people found the following review helpful
on of the best books on judicial review June 29 2005
By Thucydides - Published on Amazon.com
Format: Paperback
This is an excellent book for scholars interested in judicial review. Bobbitt breaks down the typology of constitutional interpretation into six categories.

It is not written in a manner that is accessible for the casual reader, but if you are interested in how constitutional interpretation is approached from different philosophies - what separates a Justice Frankfurter from a Justice Black, or a Scalia from Stevens -- then I would highly reccomend this book.
1 of 1 people found the following review helpful
Review for Constitutional Fate Feb. 5 2013
By Nina D. - Published on Amazon.com
Format: Paperback Verified Purchase
Semi-difficult read. Syntax and terminology are all over the place. Must read between-the-line in order to grasp the meat of the text/opinion of the author.
1 of 1 people found the following review helpful
An Interesting Approach July 23 2012
By BD Hermes - Published on Amazon.com
Format: Paperback
This book provides a well written explanation to the logic of various constitutional arguments. The inclusion of arguments favored by Justices as well as specific situations in which they were relevant helps establish the relevant context clearly and effectively.

While the strict empiricist may finish reading disappointed, those looking for insight into the approach of judges would be well served to give this a look.
Insight To Complexity of Constitutionalism May 11 2014
By D. Molloy - Published on Amazon.com
Format: Kindle Edition Verified Purchase
Listing a series of intellectual and legal perspectives to interpreting the Constitution, Bobbit makes clear that "Originalism" is not the Rosetta Stone but is simply one lens through which to look at Constitutional issues.
5 of 27 people found the following review helpful
A Post Modern Mess Dec 12 2000
By Garrett Ferencz - Published on Amazon.com
Format: Paperback
At first Constitutional Fate looks much like a typical anthology of the most significant modes of constitutinal argument, for this I must admit the book does a fairly good job. The problem comes at the end; where we must endure an unconnected attempt to give the book purpose. The authors argument is essentially that there is no argument.
Now I must admit I am reading this for a take home final so perhaps I am just a little jaded. For one minuete I think that there is nothing but brilliance in these last few pages; only for seconds later to conclude that it is all just a bunch of smoke.


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