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The Relationship Between the Process and Substance of the National Security Constitution

By Jules Lobel


THE NATIONAL SECURITY CONSTITUTION: SHARING POWER AFTER THE IRAN-CoNTRA AFFAIR. By Harold Hongju Koh.t New Haven and London: Yale University Press, 1990. Pp. x, 340. $35 (hardbound), $14.95 (paper). The relationship between the processes of government established by our Constitution and the substantive values underlying those processes has been a subject of debate for many years. Scholars such as Burt Neuborne and John Hart Ely have articulated process-based theories of the Constitution that seek to avoid using the Constitution as interpreted by the judiciary to resolve disputes over substantive values. Harold Koh\u27s excellent book, The National Security Constitution, is a prominent addition to this rich tradition, extending the analysis to the foreign affairs provisions of our Constitution

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1990
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