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Constitutionalism and Democracy The Supreme Court Power of Judicial Review v. We the People

Title
Constitutionalism and Democracy [electronic resource] : The Supreme Court Power of Judicial Review v. We the People / by George Skouras.
ISBN
9783031669064
Edition
1st ed. 2024.
Publication
Cham : Springer Nature Switzerland : Imprint: Springer, 2024.
Physical Description
1 online resource (VI, 176 p.)
Local Notes
Access is available to the Yale community.
Access and use
Access restricted by licensing agreement.
Summary
This book explore the power of judicial review as held by the United States Supreme Court. The legal analysis fuses with an exploration of democratic theory, We the People, efforts in contesting this power. It also explores the class status of the American Constitution and the difficulties of amending it through its many protections against making major changes to its structure. The book makes inquires as to whether the document should be preserved as interpreted by Originalists or can be subject to change as interpreted by Progressives---the "Living" Document theorists and the "Dead" Document opponents. It is argued that the power of judicial review must be withdrawn from the Supreme Court and the need for the modernization of the American political institutions. The book's approach is to use an interdisciplinary methodology by which it weaves a linear and non-linear aspects of inquiry. The book will be of interested to a broad readership, including those working in the fields of (constitutional) law, legal history. political philosophy, political science and political theory.
Variant and related titles
Springer ENIN.
Other formats
Printed edition:
Printed edition:
Printed edition:
Format
Books / Online
Language
English
Added to Catalog
September 11, 2024
Contents
Introduction: The Landscape and Implanting an Experimental Democracy in the New World
English Constitutional History
Early American Constitutionalism and the Supreme Court Usurpation of Judicial Review Power
The Era of Economic Due Process
-Social Darwinism (Property, Monopoly, Corporatism)
The Idea of Democracy and Congressional Government: The Reality and the Fiction
The Jurisprudence of Judicial Review and Democracy: History, Intention, and Finality
Democratic Institutions Within Our Civilizational Time: History, Nature and Contingency
Conclusion: The Horizon and Limits of Human Nature, Democratic Roads and Constitutionalism.
Citation

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