Search results for: "legitimacy" (1038 results)
According to these critics, the legislature, unlike courts, enjoys democratic legitimacy and can rely on expert advice. A more nuanced version of
were centered around concerns regarding the Board’s legitimacy. To that end, my the yale law journal 129:2418 2020 2426 lend transparency to
separate and inherently conflicting lines of case law”—prohibiting prosecutorial vindictiveness and establishing the legitimacy of plea bargaining. But
that textualist gerrymandering is deployed by the Court to achieve “populist” ends, whereby the Court lays claim to democratic legitimacy through the
insignificant statuses, such as race, supporters of the Reconstruction Amendments emphasized the legitimacy of retributive disenfranchisement as a
of the Law, and sometimes even against it”). See generally EXTRA-LEGAL POWER AND LEGITIMACY: PERSPEC- TIVES ON PREROGATIVE (Clement Fatovic
political accountability and claim to democratic legitimacy.35 Both the normative canons and Chevron, then, are rooted in fictions about
legitimacy by giving citizens a feeling of “authorship” in collective decisionmaking and the and Campaign Finance Reform, 94 COLUM. L. REV. 1369, 1369-70
propose such an amendment and have great legitimacy in making such a case to a legislature”). 38. For a range of views on that question, see
us evaluate the legitimacy of disaggregation. In many respects, HHS is flying blind. One intuitive starting point would be to use the standard tools