Constitutional Constraints in Politics

Publication Year
2009

Type

Book Chapter
Abstract

Constitutional constraints cannot be effectuated outside of politics. They must be interpreted and put into action within the political system, by political actors operating in political institutions. This raises a variety of possible threats to the efficacy of constitutional constraints. This chapter considers four distinct threats and their possible solutions: 1) constitutional resistance, 2) constitutional forgetfulness, 3) constitutional neglect, and 4) constitutional contestation.

Book Title
The Supreme Court and the Idea of Constitutionalism
Publisher
University of Pennsylvania Press
City
Philadelphia