Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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The Democratic Constitution (Paperback)
Loot Price: R1,027
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The Democratic Constitution (Paperback)
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Constitutional law is clearly shaped by judicial actors. But who
else contributes? Scholars in the past have recognized that the
legislative branch plays a significant role in determining
structural issues, such as separation of powers and federalism, but
stopped there--claiming that only courts had the independence and
expertise to safeguard individual and minority rights. In this
readable and engaging narrative, the authors identify the nuts and
bolts of the national dialogue and relate succinct examples of how
elected officials and the general public often dominate the Supreme
Court in defining the Constitution's meaning. Making use of case
studies on race, privacy, federalism, war powers, speech, and
religion, Devins and Fisher demonstrate how elected officials
uphold individual rights in such areas as religious liberty and
free speech as well as, and often better than, the courts.
This fascinating debunking of judicial supremacy argues that
nonjudicial contributions to constitutional interpretation make the
Constitution more stable, more consistent with constitutional
principles, and more protective of individual and minority rights.
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