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Chapter Three: Judicial Review and the Incomplete Constitution: A Madisonian Perspective on the Supreme Court and the Idea of Constitutionalism
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Chapters in this book
- Frontmatter i
- Contents v
- Introduction: The Idea of Constitutionalism 1
-
PART I. Philosophical Perspectives
- Chapter One: Ideas of Constitutionalism Ancient and Modern 11
- Chapter Two: On Liberal Constitutionalism 30
-
PART II. Historical Perspectives: American Constitutional History
- Chapter Three: Judicial Review and the Incomplete Constitution: A Madisonian Perspective on the Supreme Court and the Idea of Constitutionalism 53
- Chapter Four: Constitutionalism as Judicial Review: Historical Lessons from the U.S. Case 78
- Chapter Five Who Has Authority over the Constitution of the United States? 95
-
PART III. Comparative Perspectives
- Chapter Six: The Supreme Court and Contemporary Constitutionalism: The Implications of the Development of Alternative Forms of Judicial Review 115
- Chapter Seven: The Sounds of Silence: Militant and Acquiescent Constitutionalism 131
-
PART IV. Constitutionalism and Democracy
- Chapter Eight: Constitutionalism and Democracy: Understanding the Relation 161
- Chapter Nine: Active Liberty and the Problem of Judicial Oligarchy 170
- Chapter Ten: Judicial Power and Democracy: A Machiavellian View 199
-
PART V. Constitutionalism and Politics
- Chapter Eleven: Constitutional Constraints in Politics 221
- Chapter Twelve: “The Court Will Clean It Up”: Executive Power, Constitutional Contestation, and War Powers 235
- Notes 255
- Contributors 307
- Index 311
- Acknowledgments 319
Chapters in this book
- Frontmatter i
- Contents v
- Introduction: The Idea of Constitutionalism 1
-
PART I. Philosophical Perspectives
- Chapter One: Ideas of Constitutionalism Ancient and Modern 11
- Chapter Two: On Liberal Constitutionalism 30
-
PART II. Historical Perspectives: American Constitutional History
- Chapter Three: Judicial Review and the Incomplete Constitution: A Madisonian Perspective on the Supreme Court and the Idea of Constitutionalism 53
- Chapter Four: Constitutionalism as Judicial Review: Historical Lessons from the U.S. Case 78
- Chapter Five Who Has Authority over the Constitution of the United States? 95
-
PART III. Comparative Perspectives
- Chapter Six: The Supreme Court and Contemporary Constitutionalism: The Implications of the Development of Alternative Forms of Judicial Review 115
- Chapter Seven: The Sounds of Silence: Militant and Acquiescent Constitutionalism 131
-
PART IV. Constitutionalism and Democracy
- Chapter Eight: Constitutionalism and Democracy: Understanding the Relation 161
- Chapter Nine: Active Liberty and the Problem of Judicial Oligarchy 170
- Chapter Ten: Judicial Power and Democracy: A Machiavellian View 199
-
PART V. Constitutionalism and Politics
- Chapter Eleven: Constitutional Constraints in Politics 221
- Chapter Twelve: “The Court Will Clean It Up”: Executive Power, Constitutional Contestation, and War Powers 235
- Notes 255
- Contributors 307
- Index 311
- Acknowledgments 319