2006Case Western Reserve University School of Law Scholarly Commons (Case Western Reserve University)Open access

The Constitution Restoration Act, Judicial Independence, and Popular Constitutionalism

Ronald Kahn

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Abstract

Tushnet writes, "[F]or example, a statute purporting to ban the federal courts from using Latin phrases other than those commonly found in legal dictionaries, adopted, for example, to ensure that federal court decisions would be accessible to ordinarily literate Americans," would make him "hard-pressed to deploy my intuition about the core judicial function against such a statute.

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Tushnet writes, "[F]or example, a statute purporting to ban the federal courts from using Latin phrases other than those commonly found in legal dictionaries, adopted, for example, to ensure that federal court decisions would be accessible to ordinarily literate Americans," would make him "hard-pressed to deploy my intuition about the core judicial function against such a statute.

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Available abstract

Tushnet writes, "[F]or example, a statute purporting to ban the federal courts from using Latin phrases other than those commonly found in legal dictionaries, adopted, for example, to ensure that federal court decisions would be accessible to ordinarily literate Americans," would make him "hard-pressed to deploy my intuition about the core judicial function against such a statute.

Key concepts: Constitutionalism, Constitution, Judicial independence, Independence (probability theory), Law, Judicial review, Political science, Judicial discretion

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