{"product_id":"our-unsettled-constitution-a-new-defense-of-constitutionalism-and-judicial-review-9780300085310","title":"Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review","description":"\u003cp\u003e • Author(s): Louis Michael Seidman\u003cbr\u003e • Publisher: Yale University Press\u003cbr\u003e • Publisher Imprint: Yale University Press\u003cbr\u003e • BISAC: Constitutional\u003c\/p\u003e\u003cp\u003eOurs is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. \u003c\/p\u003e\u003cp\u003e\u003c\/p\u003eSeidman develops a theory of \"unsettlement.\" A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An \"unsettling\" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.\u003cbr\u003e","brand":"Yale University Press","offers":[{"title":"Hardcover","offer_id":47614301110423,"sku":"9780300085310","price":7192.0,"currency_code":"INR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0666\/3471\/1191\/files\/9780300085310.webp?v=1775092519","url":"https:\/\/atlanticbooks.com\/products\/our-unsettled-constitution-a-new-defense-of-constitutionalism-and-judicial-review-9780300085310","provider":"Atlantic Books","version":"1.0","type":"link"}