Description
Book SynopsisChallenges hallowed American traditions of judicial review and judicial supremacy, which allow US judges to invalidate "unconstitutional" governmental actions. This book encourages us to take responsibility for protecting our liberties.
Trade Review"A valuable addition to the swelling chorus of 'judicial review' skeptics... a book-length defense of this interesting heresy."--Richard Posner, The New Republic "Tushnet ... makes a bold and compelling argument against judicial review as the primary means of constitutional reform, arguing that this tradition takes lawmaking out of the hands of the people and relinquishes it to the courts."--Booknews "[Tushnet's] ideas will challenge and inform academics, lawyers, and college students interested in the foundations of the American political system... This bold analysis for 21st-century constitutional interpretation is highly recommended."--Library Journal "Both at the turn of the last century and at the turn of this one, the American courts have shown that they are willing to stand shoulder-to-shoulder with those who oppose progressive reform. Mark Tushnet's work is a welcome sign that at last the tide is beginning to turn, and that American law professors are no longer willing to be complicit in this obstructionism."--Jeremy Waldron, Times Literary Supplement
Table of ContentsPrefacePrologue3Ch. 1Against Judicial Supremacy6Ch. 2Doing Constitutional Law Outside the Courts33Ch. 3The Question of Capability54Ch. 4The Constitutional Law of Religion Outside the Courts72Ch. 5The Incentive-Compatible Constitution95Ch. 6Assessing Judicial Review129Ch. 7Against Judicial Review154Ch. 8Populist Constitutional Law177Notes195Bibliography227Index237
