Transforming Political Rights into Legal Ones
Bibliographic Data
| ID | 6357155 |
|---|---|
| Authors | Ira L Strauber (corresponding author) |
| Year | 1983 |
| Volume | 16 |
| Issue | 1 |
| Pages | 72-95 |
| Publication date | 1983-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Polity (JOURNAL) |
| Journal identifiers | ISSN: 0032-3497 • E-ISSN: 1744-1684 |
| Publisher | University of Chicago Press (PUBLISHER • US) |
| DOI | 10.2307/3234523 |
| OpenAlex | W2324522474 |
| Language | EN |
| Citations received | 2 |
When judges uphold claims of entitlement to certain kinds of political expression or action, they may be said to have transformed political rights into legal ones. The study of such "transformations" offers us the opportunity to assess the soundness of the constitutional doctrines the judges may have used. In the following examination of the Supreme Court's reasoning in Buckley v. Valeo, Professor Strauber shows that legal argument, like other forms of political discourse, can be made devious and internally inconsistent to reach desired determinations. Judges may invoke different, even rival, doctrines, while dealing with aspects of the same case, to arrive at decisions congenial to other policy preferences
Action (physics · Argument (complex analysis · Economics · Entitlement (fair division · Law and economics · Political philosophy · Political science · Politics · Sociology · Soundness · Supreme court · Judicial and Constitutional Studies · Law · Philosophy
| Unique citing works | 2 |
|---|---|
| Citations per year | 0.05 |
| Citation span | 1986 - 1990 (5) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |