Description
Book SynopsisExplores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges.
Trade Review"Michelman has crafted a provocative book on democratic constitutionalism that deserves serious attention by persons interested not simply in Brennan's legal thought but in the debate on what makes for a decent and legitimate democracy."--David E. Marion, Political Science Quarterly "Clearly the justice would be pleased by the provocative, thoughtful, craftsmanship of this work... [A] fine contribution to scholarship."--Choice
Table of ContentsPreface and Acknowledgments ix Chapter 1. Brennan's Constitutional Democracy 3 Constitutional Law, Constitutional Theory 3 The Paradox of Constitutional Democracy 4 Democracy, Individuals, and Self-Government 11 The Substantive Conception of Democracy 16 A Paradox of Democratic Commitment 33 The Procedural Conception of Democracy 34 The Remaining Possibility for Self-Government in Politics 51 Politics and Knowledge 54 Distrust and Democracy (Responsive Democracy with a Difference) 57 Brennan on Democracy 60 Chapter 2. Brennan's Democratic Liberalism 63 The Judge as Political Theorist 63 Liberal Political Thought 65 Justice Brennan and Liberal "Romance" 68 Community 89 Equality, Groups, and Positive Social Rights 119 Summation: Who Is Brennan to Us? 133 Epilogue 139 Index 147
