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Democratic Aims and Experimentalist Procedure

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0003
Subject:
Law, Constitutional and Administrative Law

As opposed to a conception of constitutional law as constructing game rules prior to and foundational for democracy, this chapter constructs a picture of law as democratic means with a broader social ... More


The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.001.0001
Subject:
Law, Constitutional and Administrative Law

This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from ... More


Conclusion

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0010
Subject:
Law, Constitutional and Administrative Law

Through an outline of democratic challenges and possibilities in constitutional law a conception of law as a democratic means was constructed. This conception is based upon the work of Peirce, Dewey ... More


Introduction

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0001
Subject:
Law, Constitutional and Administrative Law

In overview, this book constructs a picture of law as a democratic means. This is constructed in opposition to a picture of constitutional law centered upon the protection of minorities from the ... More


Citizens United

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0007
Subject:
Law, Constitutional and Administrative Law

Citizens United is an example of a case where the Supreme Court overruled a law created by democratically elected representatives in the name of democratic process. In this chapter the important ... More


The Democratic Challenge to Constitutional Law

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter identifies and critiques a dominant explanation for judicial supremacy in constitutional law. This theory, the “protection from the tyranny of the majority” story, is examined in the ... More


From Social Contract Theory to Sociable Contract Theory

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0009
Subject:
Law, Constitutional and Administrative Law

Constitutional law theories often rest upon a foundational conception of the social contract. For instance John Rawls’ theory of justice rests upon a contractual idea whereby once and for all ... More


Euroconstitutionalism and its Discontents

Oliver Gerstenberg

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198834335
eISBN:
9780191872433
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198834335.001.0001
Subject:
Law, Constitutional and Administrative Law

This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep ... More


Conclusion

Susan D. Carle

in Defining the Struggle: National Racial Justice Organizing, 1880-1915

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199945740
eISBN:
9780199369843
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199945740.003.0014
Subject:
History, American History: 19th Century, Social History

This concluding chapter assesses the questions with which the book's narrative starts. It analyzes the complex political, legal, and social factors that influenced the way in which early ... More


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