Chapter

Dethroning Grand Theory

in Desperately Seeking Certainty

Published by University of Chicago Press

Published in print May 2002 | ISBN: 9780226238081
Published online March 2013 | e-ISBN: 9780226238104 | DOI: http://dx.doi.org/10.7208/chicago/9780226238104.003.0008
Dethroning Grand Theory

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This chapter reviews the six constitutional theorists and concludes that they seek a universal method of interpretation that will serve as a strategy for judges faced with any constitutional issue. Grand theorists believe that the rule of law will suffer if judges lack sure theoretical guidance, apart from their overblown anxiety about democratic legitimacy. These theorists reconcile judicial review and majority rule and respond in very different fashions to Learned Hand's fear that judicial review replaces democracy in the reign of philosopher kings. Grand theory can be useful in helping to understand overlooked aspects of constitutional law. It has been such a dominant feature of constitutional scholarship that constitutional scholars are constantly searching for pieces that might be decisive to current legal disputes.

Keywords: constitutional theorists; grand theorists; grand theory; democracy; constitutional scholarship

Chapter.  12322 words. 

Subjects: Constitutional and Administrative Law

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