Abstract/Details

Contesting constitutional meaning: The political Constitution and the myth of judicial supremacy


2004 2004

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Abstract (summary)

In the last decade a lively debate about “extrajudicial” constitutional interpretation has broken out among constitutional scholars. And while this debate has insisted upon the centrality of nonjudicial constitutional interpretation, this scholarship remains rooted in “legal” views of the Constitution, which continue to give primacy of place to the Court. This dissertation seeks to go further by articulating a political view of the Constitution, which will allow us to resituate how we think of the Constitution and place questions of interpretation within this larger framework. This political view suggests that the constitution calls forth continual debate about constitutional meaning, that the “settlement” of constitutional issues is not an essential feature of our constitutional system and, thus, that constitutional politics with overlapping views, discontinuities, and essentially unsettled meaning are an inherent feature of our Constitution. Recovering the political Constitution is an essential step in rethinking what the Constitution is and, in doing so, overcoming the deeply ingrained myth of judicial supremacy.

Indexing (details)


Subject
Political science;
Literature
Classification
0615: Political science
0298: Literature
Identifier / keyword
Social sciences; Language, literature and linguistics; Constitutional meaning; Judicial supremacy; Myth
Title
Contesting constitutional meaning: The political Constitution and the myth of judicial supremacy
Author
Thomas, George
Number of pages
348
Publication year
2004
Degree date
2004
School code
0118
Source
DAI-A 65/06, Dissertation Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
Advisor
Goldman, Sheldon
University/institution
University of Massachusetts Amherst
University location
United States -- Massachusetts
Degree
Ph.D.
Source type
Dissertations & Theses
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
3136784
ProQuest document ID
305177354
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
http://search.proquest.com/docview/305177354
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