Sentence examples for constitutional decision making from inspiring English sources

A more informative approach is to look for opinions suggesting changes in the presuppositions with which the Justices approach constitutional decision making.

It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash". There is no disagreement from me that empathy is a poor guideline for constitutional decision making.

But empathy for victims, while a wonderful trait in ordinary human affairs, should not influence constitutional decision making.

"Originalists" like Scalia and Alito believe Constitutional decision making should be governed by how the Framers would have decided the issue at the time the constitution was written.

Constitutional decisions made against this backdrop — whether by courts or by other government actors — should recognize that the government may take the steps necessary to achieve the best economic outcomes without being tender about the property rights of market actors who have taken on (and hedged) risk in the hope of high return.

"The need to make room for democratic decision-making argues for judicial modesty in constitutional decision-making, a form of judicial restraint," he writes.

In contrast, advocates of a drone court say it would bring independent, constitutional values of reasoned decision making to a process that is inherently murky.

She has published widely in the United States and abroad in the fields of property theory, constitutional law, and the role of moral decision making in law.

Andrew Siegel, a Stevens clerk and now a law professor at Seattle University, said, "Stevens believes that constitutional decision-making is conducted through the interpretation of a mix of various sources — a complex balancing act".

With all this groundwork still ahead of it, the administration seems already to have decided to bypass the United Nations Security Council and cut Congress out of its constitutional decision-making role.

In practice, the internationalist camp argues for the prudent use of international legal materials in constitutional decision-making — not only for purposes of rhetoric and persuasion but also to provide rules and principles to help actually decide cases.