This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts.
Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome.
It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style.
Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
About this book
Trusted by 375,005 students
Access to over 1.5 million titles for a fair monthly price.
Study more efficiently using our study tools.
Information
Table of contents
- Cover
- Dedication
- Title Page
- Preface
- Contents
- 1. Looking for Legitimacy: An Introduction
- 2. Finding Legitimacy: Democracy, Politics and Courts
- 3. By Way of Apology: Constitutional Law and Theory
- 4. In Search of Principles: From Origins to Equilibrium
- 5. The Good, the Bad and the Ugly: A Constitutional Reckoning
- 6. The Politics of Law: A Clearer and Deeper Dive
- 7. Rethinking Legitimacy: A Jurisprudential View
- 8. Rethinking Legitimacy: A Judicial View
- 9. Rethinking Legitimacy: A Political View
- 10. Rethinking Legitimacy: A Democratic View
- 11. The Justices’ New Clothes: A Cautionary Tale
- Index
- Copyright Page
Frequently asked questions
Yes, you can cancel anytime from the Subscription tab in your account settings on the Perlego website. Your subscription will stay active until the end of your current billing period. Learn how to cancel your subscription
No, books cannot be downloaded as external files, such as PDFs, for use outside of Perlego. However, you can download books within the Perlego app for offline reading on mobile or tablet. Learn how to download books offline
Perlego offers two plans: Essential and Complete
- Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
- Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.5M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1.5 million books across 990+ topics, we’ve got you covered! Learn about our mission
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more about Read Aloud
Yes! You can use the Perlego app on both iOS and Android devices to read anytime, anywhere — even offline. Perfect for commutes or when you’re on the go.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app
Yes, you can access Rethinking Legitimacy by Allan C Hutchinson in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over 1.5 million books available in our catalogue for you to explore.