Constitutionalism and Democracy

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

This book examines the power of judicial review exercised by the United States Supreme Court and places legal analysis in conversation with democratic theory and popular sovereignty. It considers how constitutional structure constrains amendment and major institutional change, and asks whether the Constitution should be preserved through originalist interpretation or understood as a living document capable of adaptation. The book argues for reconsidering the Supreme Court's role in judicial review and for modernizing American political institutions. Using an interdisciplinary method that combines constitutional law, legal history, political philosophy, political science, and democratic theory, the book addresses readers interested in the relationship between constitutionalism, institutional design, and popular government.

August 2024, ca. 184 Seiten, Englisch
Palgrave Macmillan
978-3-031-66905-7

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