Views On Constitutional Law
Like many contemporary scholars, Bobbitt believes that the constitution's durability rests, in part, in the flexible manner in which it can be and has been interpreted since its creation. He emphasizes the "modalities of constitutional argument": 1) structural; 2) textual; 3) ethical; 4) prudential; 5) historical; and 6) doctrinal. He has argued in his books for the recognition of the ethical modality, which has to do with the traditional vision we have of the nation and the role government ought to play (some scholars call this form "argument from tradition"). He first introduced these forms of argument---or modalities---as a way of understanding constitutional review generally in "Constitutional Fate: Theory of the Constitution" (1982), a study of judicial review and then broadened their application to constitutional review generally in Constitutional Interpretation (1993) which deals with non-judicial examples of constitutional argument and decision making. Bobbitt asserts that all branches of government have a duty to assess the constitutionality of their actions. Constitutional Fate is a commonly used text in courses on constitutional law throughout the U.S.
Read more about this topic: Philip Bobbitt
Famous quotes containing the words views and/or law:
“The word “conservative” is used by the BBC as a portmanteau word of abuse for anyone whose views differ from the insufferable, smug, sanctimonious, naive, guilt-ridden, wet, pink orthodoxy of that sunset home of the third-rate minds of that third-rate decade, the nineteen-sixties.”
—Norman Tebbit (b. 1931)
“All gentle cant and philosophizing to the contrary notwithstanding, no people in this world ever did achieve their freedom by goody-goody talk and moral suasion: it being immutable law that all revolutions that will succeed, must begin in blood.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)