This work of legal theory critiques the conceptual approach that derives the scope of judicial power from abstract principles of constitutionalism or democracy. Rejecting this framework, Vermeule argues that any legal interpretation rests on institutional premises about the effects of decisions and the abilities of judges. The book is divided into three sections: critique, reconstruction, and application of the new ... Read moreinstitutionalist theory. Because of the extreme uncertainty and limited information involved in judicial decision making, the author contends that the best decision-making system is restrictive and deferential to administrative agencies and legislatures in ambiguous scenarios. Law & Social Inquiry This is an important book, different in both scope and methodology from ordinary works in interpretation in its ambition...and its willingness to borrow from a wide range of academic disciplines.
J. E. Finn Choice 20070501 Show Less