Constitutionalism and Democracy : The Supreme Court Power of Judicial Review v. We the People / by George Skouras.

Format:

Book

Author/Creator:

Skouras, George.

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Law--History.

Constitutional law.

Conflict of laws.

International law.

Comparative law.

America--Politics and government.

America.

Theories of Law, Philosophy of Law, Legal History.

Constitutional Law.

Private International Law, International and Foreign Law, Comparative Law.

American Politics.

Local Subjects:

Theories of Law, Philosophy of Law, Legal History.

Constitutional Law.

Private International Law, International and Foreign Law, Comparative Law.

American Politics.

Physical Description:

1 online resource (176 pages)

Edition:

1st ed. 2024.

Place of Publication:

Cham : Springer Nature Switzerland : Imprint: Springer, 2024.

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 It is argued that the power of judicial review must be withdrawn from the Supreme Court and the need for the modernization of the American political institutions.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.

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.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

3-031-66906-1

OCLC:

1453502984