Tilted Forum Project Discussion Community - View Single Post - this is why it should be easy to remove a sitting judge

smooth · 04-17-2007, 03:34 PM

Would you agree that Scalia would consider himself an adherent of the interpetivist school?

(I'm assuming you draw a distinction between constructionist and interpretivist, correct? I mean, both fall under the judicial restraint paradigm, but seperate schools of thought)

Judicial Restraint paradigm:
1) strict constructionist -- only concerned with the literal lettering of the law [what I think dksuddeth demonstrates in his various analyses)
2) interpretivist -- concerned with both the lettering of the law along with original intent (cf. Bork)

cf. Greenhouse for support for the importance/necessity of activist judges

04-17-2007, 03:34 PM	#45 (permalink)
smooth Junkie Location: Right here	Would you agree that Scalia would consider himself an adherent of the interpetivist school? (I'm assuming you draw a distinction between constructionist and interpretivist, correct? I mean, both fall under the judicial restraint paradigm, but seperate schools of thought) Judicial Restraint paradigm: 1) strict constructionist -- only concerned with the literal lettering of the law [what I think dksuddeth demonstrates in his various analyses) 2) interpretivist -- concerned with both the lettering of the law along with original intent (cf. Bork) cf. Greenhouse for support for the importance/necessity of activist judges __________________ "The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman