Front cover image for The constitution as political structure

The constitution as political structure

Over the last forty years both modern constitutional scholarship and Supreme Court constitutional doctrine have concentrated on the analysis of rights, while issues of constitutional law related to the structure of government have been largely ignored. The irony of this interpretive emphasis is that the Constitution itself contains relatively little dealing with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work is the only scholarly attempt to emphasize the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the foundation in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very basis of American political theory
eBook, English, 1995
Oxford University Press, New York, 1995
1 online resource (viii, 229 pages)
9781423737148, 9780195070606, 9781280441073, 9780195361353, 1423737148, 0195070607, 1280441070, 0195361350
228136418
Introduction: political structure, democratic theory, and constitutional text
Federalism, the Constitution and American political theory
The dormant commerce clause and the constitutional balance of federalism
Pragmatic formalism and separation of powers
Legislative delegation, pragmatic formalism, and the values of democracy
Conclusion: liberalism, constitutional theory, and political structure
English
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