Judicial departmentalism is the view that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case.
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Feb 26, 2018 · Departmentalism is the somewhat archaic name for the theory that each branch, or department, of the government has an equal and independent authority to ...
A juricentric Constitution leads to judicial overreaching and citizen passivity, which together threaten important features of our constitutional culture. We ...
Judicial departmentalism, by contrast, is the idea that the Constitution means in the judicial department what the Supreme Court says it means in deciding a ...
This Article probes the concepts of judicial supremacy, departmentalism, popular constitutionalism, and the rule of law, all of which possess relatively ...
The basic idea of departmentalism is easily stated: each branch interprets the Constitution for itself. As depicted by Larry Kramer in his important book The ...
It defines “moderate departmentalism” as the authority of the President to refuse to adopt a constitutional interpretation announced by the Supreme Court.
Apr 1, 2017 · This Article introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy. Judicial supremacy.
The article proposes what I call functional departmentalism as an alternative approach that would recognize the shared nature of the interpretive enterprise and ...
This Article proposes a model of constitutional adjudication that offers a deeper, richer, and more accurate vision than the simple “courts strike down ...
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