Interpreting the Constitution

by Erwin Chemerinsky

Overview

Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.

Product Details

ISBN-13:	9780275926748
Publisher:	Bloomsbury Academic
Publication date:	11/17/1987
Pages:	209
Product dimensions:	6.00(w) x 9.00(h) x 0.56(d)

About the Author

ERWIN CHEMERINSKY is Associate Professor of Law at the University of Southern California Law Center.

Table of Contents

Preface
Acknowledgments
Why Another Essay on Constitutional Interpretation and Jucicial Review?
Why Should U.S. Society Be Governed by a Constitution?
Should the Constitution Evolve or Remain Static?
Should the Constitution Evolve by Interpretation or by Amendment Only?
Who Should Be the Authoritative Interpreter of the Constitution?
What Limits Exist on the Interpretive Process?
Is Open-Ended Modernism a Desirable Method of Constitutional Interpretation?
Notes
Selected Bibliography
Index