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Acknowledgments | ||
Introduction Why Constitutional Theory? | 1 | |
1 | John Marshall and Twentieth-century Jurisprudence | 7 |
2 | Paradoxes of Justice Hugo Black: Text, History, and Structure | 41 |
3 | Popular Sovereignty, the Origins of Judicial Review, and the Revival of Unwritten Law | 67 |
4 | Judicial Review and Modern Judicial Scholarship: A Question of Power | 93 |
5 | Judicial Review and Democratic Theory: Guardian Democracy versus Representative Democracy | 125 |
6 | Indeterminacy and Constitutional Theory: A Critique of CLS and Company | 153 |
7 | Conclusions | 191 |
References | 201 | |
Index | 213 | |
About the Author | 225 |
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