Constitutional argument and institutional structure in the United States / Nicholas Papaspyrou.

Format:

Book

Author/Creator:

Papaspyrou, Nicholas, author.

Language:

English

Subjects (All):

Constitutional law--United States--Interpretation and construction.

Constitutional law.

Constitutional law--United States--Philosophy.

Democracy--United States.

Democracy.

Federal government--United States.

Federal government.

Separation of powers--United States.

Separation of powers.

State, The.

Physical Description:

1 online resource (299 pages)

Edition:

1st ed.

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship

Contents:

Textual primacy and precedential force : the institutional anchorage of

Constitutional law

The authority of constitutional law

Constitutional interpretation as a distinctive kind of practical

Reasoning

Constitutional constructivism and practical deliberation

The pursuit of political justice

The justification of institutional norms

The operation and the dynamics of institutional norms

Functional analysis and institutional checks

Democracy and institutional design

Democracy and judicial review

The province and duty of the judicial department

The subtlety of constitutional doctrine

The claim to judicial supremacy

Constitutional sensibilities.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509917204

1509917209

9781509917181

1509917187

OCLC:

1008774224