SOCI 3810 Lecture 5: BORK

• School: York University
• Department: Sociology
• Course: SOCI 3810
• Professor: Philip J Boyle

Document Summary

Persistent problem of constitutional law is its lack of theory and principle. Supreme courts decisions must be ruled by neutral principles. For bork its not only necessary to be guided by neutral principles but they must look back in history to see what the framework of the constitution intended. Judiciary is supreme a society that is run by judges that make decisions based on bias preference and opinion is one that would be highly un democratic. Madisonian system : ensures the rule of the majority as appropriate but also protects the minority freedom from the tyranny of the majority. Important to determine the area of freedom by majority and minority. If supreme court judges make decisions based on value choices than it violates the madisonian system. Hard to know if decisions correct without principles that come along with it. Not enough to apply neutral principles must define and derive them.