Bridging Constitutional Politics and Constitutional Theory: Levinson''s Our Undemocratic Constitution

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Ward, Kenneth. "Bridging Constitutional Politics and Constitutional Theory: Levinson''s Our Undemocratic Constitution" Paper presented at the annual meeting of the WESTERN POLITICAL SCIENCE ASSOCIATION, Manchester Hyatt, San Diego, California, Mar 20, 2008 <Not Available>. 2013-12-15 <>

APA Citation:

Ward, K. D. , 2008-03-20 "Bridging Constitutional Politics and Constitutional Theory: Levinson''s Our Undemocratic Constitution" Paper presented at the annual meeting of the WESTERN POLITICAL SCIENCE ASSOCIATION, Manchester Hyatt, San Diego, California Online <PDF>. 2013-12-15 from

Publication Type: Conference Paper/Unpublished Manuscript

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Document Type: PDF
Page count: 27
Word count: 8146
Text sample:
A Turn to Politics: Sandy Levinson’s Our Undemocratic Constitution and Debates in Contemporary Constitutional Theory Kenneth D. Ward In the last generation politics has replaced philosophy as constitutional theory’s center of gravity. While theorists once focused on judicial authority and looked to philosophy to validate the principles of justice that judges enforced they now tend to consider how judges fit into the broader political process that defines constitutional doctrine This essay considers how the change influences normative discussion and
training in law or political science training that lends itself to questions of how institutions operate and the effects institutions have rather than to speculations about justice. And though scholars have paid increasing attention to the effects of different institutional structures they have tended to treat institutions as independent variables that might explain the dependent variable constitutional doctrine. They have paid comparatively little attention to the role these institutions might play in managing society’s disagreements. This deficiency becomes especially

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