Constitutional Courts as "Positive Legislators" in the United States
Bibliographic Data
| ID | 5345430 |
|---|---|
| Authors | Laurence Claus (University of San Diego), Richard Kay (0000-0001-8968-0951, University of Connecticut) |
| Year | 2010 |
| Volume | 58 |
| Issue | 1 |
| Pages | 479-504 |
| Publication date | 2010-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2009.0018 |
| OpenAlex | W2060721608 |
| Language | EN |
| Citations received | 2 |
This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as “positive” legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the Court has encountered in crafting remedies fit to fulfill the promise of its constitutional rulings
Constitutional review · Lawmaking · Legislature · Political science · Politics · Supreme court · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies
| Citations per year | 0.17 |
|---|---|
| Citation span | 2014 - 2024 (11) |
| Highly cited | No |