Constitutional Constraints in Politics

The Supreme Court and the Idea of Constitutionalism, Steven Kautz, ed., University of Pennsylvania Press, 2009

Posted: 14 Nov 2010

See all articles by Keith E. Whittington

Keith E. Whittington

Princeton University - Department of Political Science

Date Written: November 11, 2010

Abstract

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

Suggested Citation

Whittington, Keith E., Constitutional Constraints in Politics (November 11, 2010). The Supreme Court and the Idea of Constitutionalism, Steven Kautz, ed., University of Pennsylvania Press, 2009. Available at SSRN: https://ssrn.com/abstract=1707676

Keith E. Whittington (Contact Author)

Princeton University - Department of Political Science ( email )

Corwin Hall
Princeton, NJ 08544-1012
United States
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609-258-1110 (Fax)

HOME PAGE: http://www.princeton.edu/~kewhitt/

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