Constitutionalism and Democracy

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 It is argued that the power of judicial review must be withdrawn from the Supreme Court and the need for the modernization of the American political institutions.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

Deals with historical matters which continue to be debated Analyzes the interplay between democracy and judicial power Focuses on challenges to democracy of global relevance

Auteur

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.

Contenu

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.