Constitutional Revolutions : Pragmatism and the Role of Judicial Review in American Constitutionalism / Robert Justin Lipkin.
2000
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Details
Title
Constitutional Revolutions : Pragmatism and the Role of Judicial Review in American Constitutionalism / Robert Justin Lipkin.
Imprint
Durham : Duke University Press, [2000]
Copyright
©2000
Description
1 online resource (383 p.)
Formatted Contents Note
Frontmatter
Contents
Preface
Introduction The Crisis of American Constitutionalism
1 Constitutionalism and Dualist Politics
2 Dworkin's Constitutional Coherentism
3 The Theory of Constitutional Revolutions
4 The Historical Defense of the Theory
5 The Conceptual and Political Defenses of the Theory
Conclusion
Notes
Bibliography
Index
Contents
Preface
Introduction The Crisis of American Constitutionalism
1 Constitutionalism and Dualist Politics
2 Dworkin's Constitutional Coherentism
3 The Theory of Constitutional Revolutions
4 The Historical Defense of the Theory
5 The Conceptual and Political Defenses of the Theory
Conclusion
Notes
Bibliography
Index
Summary
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of "constitutional revolutions"-landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions.Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow "second thought," or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community's considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges.Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 12. Dez 2020)
Location
www
In
Title is part of eBook package: DUK Backlist eBook-Package 2000-2013 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780822380511
Record Appears in