最高法院的阵形

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• I have myself defended a similar view of the Constitution: that it aim to create what I called a "partnership" rather than a majoritarian form of democracy by insisting that all citizens are entitled to an equal role and voice in their self-government, that government at all levels must treat citizens with equal concern, and that government must leave individual citizens free to make the personal decisions for themselves that that cannot yield to others without compromising their self-respect. (查看原文)

  zigreal 2011-05-22 17:32:18

• This more "pragmatic" approach, which lets a judge's sense of how the case should be decided govern the method of interpretation he uses to decide it, rather than the other way around, is the most open invitation possible to result-driven adjudication, that is, to a judge putting his own policy preferences into his decision rather than trying to filter them out. (查看原文)

  zigreal 2011-05-22 17:40:51

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