Constitutional Fate: Theory of the Constitution
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument – historical, textual, structural, prudential doctrinal, and ethical – through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Administrative Law | American Politics | Constitutional Law | Law | Law and Politics | Legal History | Political Science
Oxford University Press
New York, NY
"Extraordinary. This is the outstanding recent work treating Constitutional Law in terms of the legitimating effects of argumentation. It ranks among the most original and impressive works of American jurisprudence to appear during the decade."
—Paul Mattson, University of California, Santa Barbara
"A subtle examination of the legitimacy of judicial review. Constitutional Fate is an exceptional work. A strong reminder that judicial review, properly undertaken, can serve a variety of functions and guarantee a variety of interests in modern society."
—Yale Law Journal
"An erudite and cogent presentation. Adds a dimension that significantly enriches one's understanding both of judicial review and of much recent academic discussion surrounding it."
—American Political Science Review
Bobbitt, Philip Chase, "Constitutional Fate: Theory of the Constitution" (1984). Faculty Books. 55.