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The Constrained CourtLaw, Politics, and the Decisions Justices Make$
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Michael A. Bailey and Forrest Maltzman

Print publication date: 2011

Print ISBN-13: 9780691151045

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691151045.001.0001

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Law Matters

Law Matters

Chapter:
(p.64) Chapter 4 Law Matters
Source:
The Constrained Court
Author(s):

Michael A. Bailey

Forrest Maltzman

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691151045.003.0004

Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial decision-making, including stare decisis, originalism, plain meaning, the promotion of democratic participation, and doctrines with regard to specific elements of the Constitution such as the Bill of Rights or the commerce clause. The chapter concentrates on three legal doctrines (stare decisis, strict interpretation of the Constitution, and judicial restraint) that are both prominent and clearly more likely to play a role in structuring decision-making on some cases than on others. These doctrines are not necessarily canons of jurisprudence that are universally shared; they are principles that are widely acknowledged in the legal world as appropriately influencing constitutional interpretation.

Keywords:   judicial decisions, decision making, Supreme Court justices, legal doctrines, stare decisis, constitution, judicial restraint

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