Monday, December 29, 2008 2:05 PM
Kevin Black wrote:
Well, lots of books under the bridge since that last post, if you'll forgive a mixed metaphor. Most have been forgettable. Maybe I'll add some of them later. Here are a couple of more recent ones.
Active Liberty: Interpreting Our Democratic Constitution (Breyer)
I'm still in the tail end of this book but have read and thought about the main exposition of his ideas in the first half. I'd say I am glad to have read this, and I think it clarifies for me how Breyer and those who agree with his relatively activist constitutional interpretation can do so without being motivated entirely by contempt for the electorate and the legislature. Still, I am not persuaded by his main point. I think his argument could be nearly summarized thus: "I'm not saying, ignore the text and legislative context and make the decision that I believe is right; I'm saying, think carefully about what decision I believe will best improve citizen participation in democracy." The problem of course is that "what I believe is right" and "what I believe will best improve ... democracy" are very nearly the same thing. I think the latter is more of a fig leaf for the former than a substantively different approach. But I am trying to be open-minded about it as I read the rest of the book.
1 comment:
Finished this book a few months ago. Nothing really to change my opinion after reading the first half.
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