The Virtues of 'Value Clarity' in Constitutional Decisionmaking
Author | : Terri Peretti |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
ISBN-10 | : OCLC:1376498364 |
ISBN-13 | : |
Rating | : 4/5 (64 Downloads) |
Download or read book The Virtues of 'Value Clarity' in Constitutional Decisionmaking written by Terri Peretti and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional evaluations of the Supreme Court's constitutional opinions focus on whether it has satisfied norms of legal craftsmanship and observed its properly limited role as dictated by the precarious legitimacy of judicial review in our democracy. An important criterion too often overlooked or underemphasized is the clarity wit which the Court expresses and justifies its preferences for one value over another. By clearly articulating the value preference inherent in its decisions, the Court can perform an important democratic function: enhancing the ability of a focused electorate to understand, debate, and resolve the important issues of the day. Value clarity thus may help to reconcile the practice of judicial review with democratic values.