Constitutional Revolutions

Pragmatism and the Role of Judicial Review in American Constitutionalism

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book Constitutional Revolutions by Robert Justin Lipkin, Duke University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Robert Justin Lipkin ISBN: 9780822380511
Publisher: Duke University Press Publication: May 17, 2000
Imprint: Duke University Press Books Language: English
Author: Robert Justin Lipkin
ISBN: 9780822380511
Publisher: Duke University Press
Publication: May 17, 2000
Imprint: Duke University Press Books
Language: English

In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions.
Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges.
Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions.
Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges.
Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.

More books from Duke University Press

Cover of the book Reclaiming the Political in Latin American History by Robert Justin Lipkin
Cover of the book Yugoslav-American Economic Relations Since World War II by Robert Justin Lipkin
Cover of the book Raising the Dead by Robert Justin Lipkin
Cover of the book Brazilian Art under Dictatorship by Robert Justin Lipkin
Cover of the book Art from a Fractured Past by Robert Justin Lipkin
Cover of the book The Empire of Love by Robert Justin Lipkin
Cover of the book Breast Cancer Recurrence and Advanced Disease by Robert Justin Lipkin
Cover of the book Like Cattle and Horses by Robert Justin Lipkin
Cover of the book No Apocalypse, No Integration by Robert Justin Lipkin
Cover of the book Afro-Atlantic Flight by Robert Justin Lipkin
Cover of the book Postcolonial Vietnam by Robert Justin Lipkin
Cover of the book Carnal Rhetoric by Robert Justin Lipkin
Cover of the book Cosmopolitan Conceptions by Robert Justin Lipkin
Cover of the book At Home in the World by Robert Justin Lipkin
Cover of the book Debating Moral Education by Robert Justin Lipkin
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy