Journal Article

Constitutional scholarship in the United States

Robert C. Post

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 7, issue 3, pages 416-423
Published in print July 2009 | ISSN: 1474-2640
Published online July 2009 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mop015
Constitutional scholarship in the United States

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The status and character of constitutional scholarship depends upon the nature of constitutional law. In the United States, the content of constitutional law is typically negotiated within a dialogue between the Supreme Court and the American people. Constitutional scholarship accordingly seeks to mediate this dialogue by clarifying the systematic and jurisprudential implications of potential constitutional developments. In Europe, constitutional law is more independent of political dialogue; hence constitutional scholarship is relatively more autonomous. Whereas European constitutional scholars imagine their project as the development of an apolitical and internally coherent structure of constitutional norms, American constitutional scholars tend to develop theory in the context of its practical implications for case-by-case adjudication.

Journal Article.  3165 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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