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Vol 21 No 10 Oct/Nov 2016

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The Constitution as Political Structure

Martin H. RedishLouis and Harriet Ancel Professor of Law and Public Policy, Northwestern University, USA

ISBN13: 9780195070606
ISBN: 0195070607
Published: November 1996
Publisher: Oxford University Press
Format: Hardback
Price: £94.00



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Over the last forty years both modern constitutional scholarship and Supreme Court constitutional doctrine have concentrated on the analysis of rights, while issues of constitutional law related to the structure of government have been largely ignored. The irony of this interpretive emphasis is that the Constitution itself contains relatively little dealing with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work is the only scholarly attempt to emphasize the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the foundation in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very basis of American political theory.