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Reconsidering the Rule of Law: Reflections on Power, Politics, and Partisan Gerrymandering

Reconsidering the Rule of Law: Reflections on Power, Politics, and Partisan Gerrymandering Yasmin A. Dawood1 In April 2004, the Supreme Court handed down a highly theory and history of the rule of law, I show that judicial adjudianticipated decision on partisan gerrymandering in Vieth v. cation of partisan gerrymandering is not only fully consistent 2 As defined by the Court, partisan gerrymandering is Jubelirer. with, but is also required by, the rule of law. "the deliberate and arbitrary distortion of district boundaries and Vieth v. Jubelirer and the Rule of Law populations for partisan or personal political purposes."3 At issue in Vieth was the constitutionality of Pennsylvania's redisWhat is the rule of law? One prominent understanding of the tricting plan. Although voters in Pennsylvania are fairly evenly rule of law within American jurisprudence was articulated by split between the Republican and Justice Scalia in an influential article. Democratic parties, the redistricting As Scalia put it, the rule of law is best In this paper, I suggest that the map allocated two-thirds of the federal understood as a "law of rules."7 Justice Court's opinion in Vieth v. Jubelirer districts to Republican candidates. Not Scalia's definition, with its emphasis did not simply concern the narrow surprisingly, the Republican party had on concrete http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Good Society Penn State University Press

Reconsidering the Rule of Law: Reflections on Power, Politics, and Partisan Gerrymandering

The Good Society , Volume 13 (3) – Nov 4, 2004

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Publisher
Penn State University Press
Copyright
Copyright © 2004 by The Pennsylvania State University.
ISSN
1538-9731
Publisher site
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Abstract

Yasmin A. Dawood1 In April 2004, the Supreme Court handed down a highly theory and history of the rule of law, I show that judicial adjudianticipated decision on partisan gerrymandering in Vieth v. cation of partisan gerrymandering is not only fully consistent 2 As defined by the Court, partisan gerrymandering is Jubelirer. with, but is also required by, the rule of law. "the deliberate and arbitrary distortion of district boundaries and Vieth v. Jubelirer and the Rule of Law populations for partisan or personal political purposes."3 At issue in Vieth was the constitutionality of Pennsylvania's redisWhat is the rule of law? One prominent understanding of the tricting plan. Although voters in Pennsylvania are fairly evenly rule of law within American jurisprudence was articulated by split between the Republican and Justice Scalia in an influential article. Democratic parties, the redistricting As Scalia put it, the rule of law is best In this paper, I suggest that the map allocated two-thirds of the federal understood as a "law of rules."7 Justice Court's opinion in Vieth v. Jubelirer districts to Republican candidates. Not Scalia's definition, with its emphasis did not simply concern the narrow surprisingly, the Republican party had on concrete

Journal

The Good SocietyPenn State University Press

Published: Nov 4, 2004

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