Popular Constitutionalism and Non- Judicial Precedents

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 Popular Constitutionalism gives the courts the power to uphold or reject any legislation put forward. This term refers to the ability for national dialog outside of the nation to affect the way the constitution is viewed."However, for more than twenty years, a growing number of scholars have theorized that constitutional meaning emerges over time through a kind of national dialogue that includes many more voices than those of judges alone.26That is the essence of popular constitutionalism."(Smith)

 

 The other idea discussed is one called Non- Judicial Precedents. This is when actions outside of the courts create laws that people want. These start by starting conversations outside of the court system. "To make a point, to appease important constituencies, to encourage other States to follow suit.” (Smith)

 

 

 

Photo of the Author:

Dean Smith


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