Popular Constitutionalism: A Conceptual Framework
The concept of popular constitutionalism has grown from "departmentalism", within legislative bodies, to a formal judicial review. Judicial review is influenced by the legislative action of the time, which in it of itself, is an echo of the public discourse. This allows the public to set the precedent of judicial law, even if they are not physically on the bench.
"...non-judicial actors in constitutional interpretation is at the forefront of legal scholarship today." Page 9
Non-Judicial Precedents: A Narrower Lens
The constitution is defined by precedents, set in place by common people discussing the law. This is true with laws both favorable and unfavorable to the people, and their respective attitude towards a legal issue is of interest to the court, as they set the rules for a decision. Additionally, many new ideas are created on the mouth of everyday people, and rise to the court.
"... people outside the courts participate in ongoing dialogues about constitutional meaning." Page 11
Comments
Post a Comment