Tuesday, April 18, 2006

Like Legal Theory?

If so, Jack Balkin discusses the limits on theory in adequately limiting judicial review.

In short, theories of how the judiciary should work do not constrain the judiciary, or at least don't do the majority of the work. Instead, "much of the work of constraint is produced by structural and institutional features of the constitutional system."

As for theories of the limits of executive power... let's just say they have their limits too.


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