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Old 05-10-2005, 07:00 PM   #18 (permalink)
roachboy
 
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again, i ask whether constitutional questions IN THIS TYPE OF SYSTEM can be seperated from the political environments within which they occur. i would like to hear an argument that they can before i concede that anything about this matter can be understood in a narrow "constitutional theory" sense--this is not a civil law tradition--unlike civil law, the american system was set up to be responsive to changing political contexts--this remains among its better features. i keep getting the sense that conservatives want to change something fundamental about the entirety of the system itself, make it into something more like civil law--that is something that it is not---in order to reduce types of politics they do not like shaping how law gets produced/interpreted---it seems to me that their legal agenda would entail a real change in how precedent is understood.
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