Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of MacGillivray on Insurance Law: Relating to all Risks Other than Marine

MacGillivray on Insurance Law: Relating to all Risks Other than Marine

Price: £459.00

A Practitioner's Guide to Probate Disputes 2nd ed



  


Welcome to Wildys

Watch


War Pensions and Armed Forces Compensation: Law and Practice 2nd ed




Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Practice of American Constitutional Law


ISBN13: 9781009158862
To be Published: May 2022
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £29.99



Americans often think about constitutional law in terms of high-profile decisions by the Supreme Court – decisions that divide the justices by ideology, not law. This focus often leads to the erroneous conclusion that constitutional law arguments are, and can only be, political in substance. In The Practice of American Constitutional Law, H. Jefferson Powell demonstrates that there is a longstanding, shared practice of constructing and evaluating constitutional law claims that transcends current political disagreements. Powell describes how lawyers and judges identify constitutional problems by using a specifiable method of inquiry that enables them to agree on what the questions are, and thus what any plausible answer must address, even when disagreement over the most persuasive answers remains. Rather than being simply politics by other means, constitutional law is the successful practice of giving substance to the Constitution as supreme law.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , USA
Contents:
Introduction: What is the constitution?
1. Constitutional lawyers as problem solvers
2. Identifying the problem: the twofold logic of constitutional law
3. Solving constitutional problems: the basic toolkit
4. Solving constitutional problems: the importance of institutional perspective
5. Solving constitutional problems: specific clauses in the written constitution
6. Identifying the solution: persuasiveness in constitutional law
Conclusion: constitutional law as problem solving
Appendix