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Tushnet An Essay on Rights Texas Law Review [2024]



  • Tushnet An Essay on Rights Texas Law Review

    Tushnet's theories provoked widespread debate among legal theorists. John Rogers noted that Tushnet would fail to distinguish between "the question of whether a branch has the power to interpret the Constitution and the question of what the correct interpretation is" p. 258. In contrast, as Rogers argues, here a prominent constitutional law scholar, Mark Tushnet, challenges sacred American traditions of judicial review and judicial supremacy, which allow American judges to strike down unconstitutional government actions. Many people, especially liberals, have warm and fuzzy feelings about judicial review. They are nervous about property rights and welfare redistribution. Jérémy Waldron, Jérémy Waldron. Look for other articles by this author. Jérémy Waldron, Jérémy Waldron. Look for other articles by this author. Book editors: RG Frey, RG Frey. Look for other articles by this author. Christopher Heath Wellman.

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