This book examines the constitutional power of judicial review against the claims of popular sovereignty. It asks how far courts can go before judicial finality displaces the democratic authority attributed to “We the People.”
Chapter guide
- 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, and Corporatism
- The Idea of Democracy and Congressional Government: The Reality and the Fiction
- The Jurisprudence of Democracy v. Judicial Review: 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
Who it is for
Readers and researchers working in constitutional law, legal history, political philosophy, political science, jurisprudence, and democratic theory.
ISBN: 978-3-031-66906-4