Debating What Judges Decide

Debating What Judges Decide

Shirley Robin
Letwin, in Policy Review (Fall 1983), The
Heritage ~oundation, 214 MassachusettsJudges Decide Ave. N.E., Washington, D.C. 20002.
"Courts are mere instruments of the law," declared Chief Justice John Marshall in 1824, "and can will nothing." After a long allegiance to ju- dicial activism, Anglo-American legal theorists appear to be returning to something like Marshall's traditional "rule of law" jurisprudence. But appearances, warns Letwin, a British...

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