Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Author:   J. Harvie Wilkinson, III (U.S. Circuit Judge, U.S. Circuit Judge, Fourth Circuit Court of Appeals, Charlottesville, VA)
Publisher:   Oxford University Press Inc
ISBN:  

9780199846016


Pages:   176
Publication Date:   05 April 2012
Format:   Hardback
Availability:   To order   Availability explained
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Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance


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Full Product Details

Author:   J. Harvie Wilkinson, III (U.S. Circuit Judge, U.S. Circuit Judge, Fourth Circuit Court of Appeals, Charlottesville, VA)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 21.60cm , Height: 2.00cm , Length: 14.20cm
Weight:   0.340kg
ISBN:  

9780199846016


ISBN 10:   0199846014
Pages:   176
Publication Date:   05 April 2012
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Editor's Note Introduction I. Living Constitutionalism: Activism Unleashed II. Originalism: Activism Masquerading as Restraint III. Political Process Theory: A Third Way Down the Rabbit Hole IV. Pragmatism: Activism Through Antitheory V. The Failure of Cosmic Constitutional Theory

Reviews

Judge Wilkinson's criticism will serve an invaluable role in the current era of constitutional debate if Cosmic Constitutional Theory prompts ideologues of every stripe to examine their own thinking before going on the attack. --Wall Street Journal In this book, one of America's most respected judges explains why each of the prevailing academic theories for constitutional interpretation leads only to judicial arrogance, and issues a plea for a return to judicial modesty and restraint from both the right and the left. --Michael McConnell, Richard and Frances Mallery Professor of Law, Stanford Law School and Director, Stanford Constitutional Law Center This book is a masterfully succinct gem about law and judging, calling to mind Benjamin Cardozo's The Nature of the Judicial Process and Edward Levi's An Introduction to Legal Reasoning. In an age increasingly marked by interpretive judicial hubris, Cosmic Constitutional Theory is a refreshing, and illuminating, reaffirmation of the virtues of judicial self-limitation. --G. Edward White, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law Judge Wilkinson has written a brilliant and much needed book. His call for 'judicial modesty' will be controversial on both the left and the right, but it is a welcome antidote to what Wilkinson accurately terms 'cosmic constitutionalism.' Sweeping fiats promulgated from the bench often please liberals or conservatives, yet they are destroying the Founders' design for a restrained judiciary. As Wilkinson argues convincingly, our courts were never meant to be unelected super-legislatures-a concept that directly undermines representative democracy. --Larry Sabato, Director, University of Virginia Center for Politics and Robert Kent Gooch Professor of Politics, University of Virginia


<br> Judge Wilkinson has written a brilliant and much needed book. His call for 'judicial modesty' will be controversial on both the left and the right, but it is a welcome antidote to what Wilkinson accurately terms 'cosmic constitutionalism.' Sweeping fiats promulgated from the bench often please liberals or conservatives, yet they are destroying the Founders' design for a restrained judiciary. As Wilkinson argues convincingly, our courts were never meant to be unelected super-legislatures-a concept that directly undermines representative democracy. -Larry Sabato, Director, University of Virginia Center for Politics and Robert Kent Gooch Professor of Politics, University of Virginia <br><p><br> In this book, one of America's most respected judges explains why each of the prevailing academic theories for constitutional interpretation leads only to judicial arrogance, and issues a plea for a return to judicial modesty and restraint from both the right and the left. -Michael McConnell, Richard and Frances Mallery Professor of Law, Stanford Law School and Director, Stanford Constitutional Law Center <br><p><br> This book is a masterfully succinct gem about law and judging, calling to mind Benjamin Cardozo's The Nature of the Judicial Process and Edward Levi's An Introduction to Legal Reasoning. In an age increasingly marked by interpretive judicial hubris, Cosmic Constitutional Theory is a refreshing, and illuminating, reaffirmation of the virtues of judicial self-limitation. -G. Edward White, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law <br><p><br>


concise and powerful * The Review of Books and Culture *


<br> Judge Wilkinson's criticism will serve an invaluable role in the current era of constitutional debate if Cosmic Constitutional Theory prompts ideologues of every stripe to examine their own thinking before going on the attack. -Wall Street Journal <br><p><br> In this book, one of America's most respected judges explains why each of the prevailing academic theories for constitutional interpretation leads only to judicial arrogance, and issues a plea for a return to judicial modesty and restraint from both the right and the left. -Michael McConnell, Richard and Frances Mallery Professor of Law, Stanford Law School and Director, Stanford Constitutional Law Center <br><p><br> This book is a masterfully succinct gem about law and judging, calling to mind Benjamin Cardozo's The Nature of the Judicial Process and Edward Levi's An Introduction to Legal Reasoning. In an age increasingly marked by interpretive judicial hubris, Cosmic Constitutional Theory is a refreshing, and illuminating, reaffirmation of the virtues of judicial self-limitation. -G. Edward White, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law <br><p><br> Judge Wilkinson has written a brilliant and much needed book. His call for 'judicial modesty' will be controversial on both the left and the right, but it is a welcome antidote to what Wilkinson accurately terms 'cosmic constitutionalism.' Sweeping fiats promulgated from the bench often please liberals or conservatives, yet they are destroying the Founders' design for a restrained judiciary. As Wilkinson argues convincingly, our courts were never meant to be unelected super-legislatures-a concept that directly undermines representative democracy. -Larry Sabato, Director, University of Virginia Center for Politics and Robert Kent Gooch Professor of Politics, University of Virginia<p><br>


Author Information

J. Harvie Wilkinson III was appointed to the United States Court of Appeals for the Fourth Circuit by Ronald Reagan. He has served on that court since 1984 and as its Chief Judge from 1996 to 2003. He has been frequently on the short list of prospects for the Supreme Court and is regarded as one of the nation's premier appellate jurists. His books include From Brown to Bakke: The Supreme Court and School Integration, 1954-1978. He lives in Charlottesville, Virginia.

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