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- Title
Roe Rage: Democratic Constitutionalism and Backlash.
- Authors
Post, Robert; Siegel, Reva
- Abstract
The article discusses how judicial courts function in the U.S. democracy. The authors propose a model that they call democratic constitutionalism to analyze the understandings and practices by which constitutional rights have historically been established in the context of cultural controversy. The model views interpretive disagreement as a normal condition for the development of constitutional law. Its premise is that the authority of the Constitution depends on its democratic legitimacy, upon the Constitution's ability to inspire U.S. citizens to recognize it as their Constitution.
- Subjects
UNITED States; UNITED States. Constitution; DEMOCRACY; CONSTITUTIONALISM; CIVIL rights; CONSTITUTIONAL law
- Publication
Harvard Civil Rights-Civil Liberties Law Review, 2007, Vol 42, Issue 2, p373
- ISSN
0017-8039
- Publication type
Essay