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The Democratic Constitution – Experimentalism and Interpretation - Chicago Scholarship Online
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The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler


This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from the tyranny of the majority. This is examined in the form offered by Chemerinsky in The Case Against the Supreme Court. Using the pragmatist theories of John Dewey and Charles Sanders Peirce a construction of a democratic and experimental conception of constitutional law labelled “democratic experimentalism” is offered as an alternate. This conception requires law to be practiced as a democratic me ... More

Keywords: constitutional lawlegal interpretation, judicial supremacy, Oliver Wendell Holmes, Peirce, Dewey, Richard Posner, Sabel, Dorf, Supreme Court, democratic experimentalism

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780226474502
Published to Chicago Scholarship Online: January 2018 DOI:10.7208/chicago/9780226474649.001.0001


Affiliations are at time of print publication.

Brian E. Butler, author
University of North Carolina