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

Author:   George Skouras
Publisher:   Springer International Publishing AG
Edition:   2024 ed.
ISBN:  

9783031669057


Pages:   176
Publication Date:   25 August 2024
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Constitutionalism and Democracy: The Supreme Court Power of Judicial Review v. We the People


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Overview

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 It is argued that the power of judicial review must be withdrawn from the Supreme Court and the need for the modernization of the American political institutions.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

Full Product Details

Author:   George Skouras
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   2024 ed.
ISBN:  

9783031669057


ISBN 10:   3031669053
Pages:   176
Publication Date:   25 August 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of 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.

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Author Information

George Skouras is a New York attorney and an independent researcher. He has published in the following domains of inquiry: law, jurisprudence, constitutionalism, democratic theory and philosophy, and the nature of historical inquiry. Earlier in his career he also published on the nature of land use law and toxic and hazardous substances.

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