Constitutional Revolutions: Pragmatism and the Role of Judicial Review in American Constitutionalism by Robert Justin Lipkin
English | 1 May 2000 | ISBN: 0822324296 | 384 Pages | PDF | 13 MB
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of constitutional revolutions - landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgements that translate political and cultural attitudes into formal judicial decisions.