株式会社極東書店トップ商品一覧Constitutional Construction: Divided Powers and Constitutional Meaning.

商品詳細

Constitutional Construction: Divided Powers and Constitutional Meaning.

Constitutional Construction: Divided Powers and Constitutional Meaning.

・ISBN 978-0-674-16541-0 1999 hard

絶版

お気に入り

・ISBN 978-0-674-00583-9 2001 paper US$ 49.00

¥11,480.- (税込) (※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。

お気に入り
著者・編者Whittington, Keith E.,
出版社(Harvard U. Pr., US)
ページ数316 pp.
言語ENG
ニュース番号<260-5405 250-14291>

解説

This text argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of American history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials.