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Constitutional revolutions : pragmatism and the role of judicial review in American constitutionalism /

Rethinks constitutional jurisprudence from a postmodern perspective, attempting to integrate a Kuhnian approach to intellectual transformations with a Rawlsian pragmatic approach to decision making.

Bibliographic Details
Call Number:Libro Electrónico
Main Author: Lipkin, Robert Justin, 1943- (Author)
Format: Electronic eBook
Language:Inglés
Published: Durham ; London : Duke University Press, 2000.
Series:E-Duke books scholarly collection.
Subjects:
Online Access:Texto completo
Table of Contents:
  • The crisis of American constitutionalism
  • 1. Constitutionalism and dualist politics
  • 2. Dworkin's constitutional coherentism
  • 3. the theory of constitutional revolutions
  • 4. The historical defense of the theory
  • 5. The conceptual and political defenses of the theory.
  • Introduction: The Crisis of American Constitutionalism
  • 1. Constitutionalism and Dualist Politics. Ackerman's Dualism and Postmodern Pragmatism
  • 2. Dworkin's Constitutional Coherentism. Law as Integrity and Constitutional Revolutions. Two Conceptions of the Relationship between Fit and Justification. Pragmatism and Law as Integrity. Right Answers in Hard Cases
  • 3. The Theory of Constitutional Revolutions. The Proper Role of Dualism in Constitutional Jurisprudence. Constitutional Paradigms. The Theory of Constitutional Revolutions. Background Theories of Constitutional Change. The Theory of Judicial Reasoning
  • 4. The Historical Defense of the Theory. The Countermajoritarian Question and the History of Revolutionary Adjudication. The formative revolutions. Contemporary revolutions
  • 5. The conceptual and political defenses of the theory. The conceptual defense. The political defense.