Constitutional Fate: Theory of the Constitution
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With the interest in theories of popular constitutionalism currently driving a vigorous debate, the interpretation of the American Constitution has taken center stage on the intellectual, moral, and political agenda of the United States. In this revised edition of Constitutional Fate, including a new introduction by the author, Philip Bobbitt studies the basis for legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures respon...
With the interest in theories of popular constitutionalism currently driving a vigorous debate, the interpretation of the American Constitution has taken center stage on the intellectual, moral, and political agenda of the United States. In this revised edition of Constitutional Fate, including a new introduction by the author, Philip Bobbitt studies the basis for legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day. Bobbitt posits characteristic types of constitutional argument by which judicial review is carried out.
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