European University Institute Library

Red, white, and blue, a critical analysis of constitutional law, Mark V. Tushnet ; with a new foreword by Sanford Levinson ; and a new afterword by the author

eng

Includes bibliographical references and indexes

index present

non fiction

Red, white, and blue

bibliography

895730898

Mark V. Tushnet ; with a new foreword by Sanford Levinson ; and a new afterword by the author

Constitutional thinking

a critical analysis of constitutional law

The power of the Supreme Court to rule actions of Congress, the President, or the states unconstitutional is seemingly an undemocratic aspect of our system. The rationale for this power and how it should be exercised by the Court has produced over our history a series of debates and theories of constitutional law, the most recent being the on-going controversy over originalism. In this book Mark Tushnet critiques the grand theories of constitutional law, arguing that they all fail to explain the Constitution or guide the Court in its application across the wide range of cases it deals with, creating a firestorm of critical commentary. This new edition includes a foreword by Sandy Levinson and an afterword by the author to this book that was published by Harvard in 1988.--, Provided by publisher

I. The Critique of Grand Theory -- 1. The jurisprudence of history -- 2. The jurisprudence of Democracy -- 3. The jurisprudence of Philosophy -- 4. Antiformalism in Constitutional theory -- 5. Intuitionism and little theory -- II. The Constitution of Society -- 6. The Constitution of Government -- 7. The Constitution of the Bureaucratic State -- 8. The Consitution of Religion -- 9. The Constitution of the Market -- Conclusion