Constitutional Self-Government (English, Christopher L. Eisgruber)

Product description Review Eisgruber has written a groundbreaking work defending a vigorous use of judicial review in the US. As such, it is also likely to be controversial...Admirably, [Eisgruber] cites not only legal scholars but also those in history, philosophy, and political science...Highly recommended.--M. W. Bowers "Choice" (4/1/2002 12:00:00 AM)Chris Eisgruber has done something very unusual, which is to say something fresh and interesting, in defending a strong role for courts in our polity. What is most intriguing (and, for some, troublesome) is his ingenious argument in behalf of the capacity and authority of judges to make moral judgments about what best instantiates a vibrant democracy.--Sanford Levinson, University of Texas at Austin School of LawConstitutional theories that justify judicial review on grounds that emphasize the Court's ability to advance moral principles have been an important part of the legal landscape for the past generation; so, too, have been theories that defend judicial review as a means of promoting democratic self-government. For the most part, however, these approaches have been viewed as irreconcilable alternatives, producing a theoretical impasse that has bogged down debate. In this ambitious book, Eisgruber links the two approaches, revealing them as complementary rather than conflictual. As an added bonus, while managing this theoretical innovation, he also shows what it means for a truly broad range of issues--including many that are typically ignored by proponents of one view or the other.--Larry Kramer, New York University School of LawThis is a cogent defense of a robust form of judicial review in a democratic polity. Eisgruber rejects simplistic majoritarian conceptions of democracy and the idea that judges owe any kind of mechanical obeisance either to constitutional or statutory texts or to ascribed legislative intentions. Rather, he advances a conception of democracy that sees judges as participants in democratic deliberation, and that demands of them that they make and defend moral readings of the constitution. The book is sure to spark controversy and debate and to widen and deepen our understanding of the judicial role in a well-functioning democratic government.--John Ferejohn, Stanford University About the Author Christopher L. Eisgruber is Provost of Princeton University.