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Conclusion

The Battle over Liberalism, the Trap of Partisanship, and the Future of Election Law

Published online by Cambridge University Press:  06 July 2023

Jacob Eisler
Affiliation:
University of Southampton
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Summary

This chapter synthesizes the unifying theme across the different domains by mapping each conflict onto the egalitarian–libertarian debate: does autonomous constituent self-rule demand ensuring that all constituents enjoy a baseline substantive opportunity to contribute to public governance, or require noninterference with the application of private power and constituent preferences (including by powerful or privileged constituents who will enjoy disproportionate practical influence over politics)? The Conclusion also describes the two related trends in current Supreme Court lawmaking that threaten contestation over freedom. There is the threat – most clearly expressed in Bush v. Gore – that purely tribal partisanship will overdetermine election law outcomes and displace rather than frame the debate over freedom. Second, the parallel rise of the use of summary modes of disposition further erodes the opportunities for philosophical engagement by the bench.

Type
Chapter
Information
The Law of Freedom
The Supreme Court and Democracy
, pp. 291 - 312
Publisher: Cambridge University Press
Print publication year: 2023

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  • Conclusion
  • Jacob Eisler, University of Southampton
  • Book: The Law of Freedom
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108304269.010
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  • Conclusion
  • Jacob Eisler, University of Southampton
  • Book: The Law of Freedom
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108304269.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Jacob Eisler, University of Southampton
  • Book: The Law of Freedom
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108304269.010
Available formats
×