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Vol 21 No 10 Oct/Nov 2016

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A Living Constitution or Fundamental Law?

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Herman BelzProfessor of History, University of Maryland, College Park, USA

ISBN13: 9780847686421
ISBN: 0847686426
Published: July 1999
Publisher: Rowman & Littlefield
Format: Hardback
Price: £65.00



Despatched in 10 to 12 days.

This text considers the concept of constitutionalism as the subject matter of constitutional history and argues that the study of constitutionalism should be interdisciplinary, requiring the insights and methods of history, political science, and jurisprudence. It covers the evolution of American constitutionalism across the span of American history, from the Founding, to the Reconstruction, and on to the Cold War and the rise of the bureaucratic state in the 1980s.

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Contents:
Introduction - written constitutionalism as the American project; constitutionalism and the American founding; constitutional realism in the gilded age; the critique of constitutionalism in the progressive era; Andrew C. McLaughlin and the defence of constitutionalism; changing conceptions of constitutionalism in the era of World War II and the Cold War; the new left attack on constitutionalism; bureaucracy and constitutionalism; constitutional and legal history in the 1980s -reflections on American constitutionalism; history, theory and the constitution; the originalist challenge to the living constitution.