Democracy, the Courts, and the Liberal State: A Comparative Analysis of American and German Constitutionalism

Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state.

Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional m...