Constitutional Constraints in Politics
The Supreme Court and the Idea of Constitutionalism, Steven Kautz, ed., University of Pennsylvania Press, 2009
Posted: 14 Nov 2010
Date Written: November 11, 2010
Constitutional constraints cannot be effectuated outside of politics. They must be interpreted and put into action within the political system, by political actors operating in political institutions. This raises a variety of possible threats to the efficacy of constitutional constraints. This chapter considers four distinct threats and their possible solutions: 1) constitutional resistance, 2) constitutional forgetfulness, 3) constitutional neglect, and 4) constitutional contestation.
Keywords: constitutionalism, constitutional law, judicial review, separation of powers, constitutional failure, supreme court
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