As Gilmore pointed out in 1977, judicial opinions are a fundamental tool for retracing the historical evolution of a legal system. The United States, and more specifically its Supreme Court, is, indeed, a pivotal «case study» in monitoring the impact of dissenting opinions on constitutional transformations during the 20th century, although judicial review itself has experienced different phases and has been employed for multifarious tasks. A study of dissenting opinions and social legislation during the Lochner Era offers an interesting perspective on the importance of dissent inside the Court for the survival and evolution of American democracy and constitutionalism. Finally, the «constitutional dialogue» here employed proves the relevance of channeling dissent through the Court.
What Is the Point of a History of Dissenting Opinions? In Search of Some Evolutionary Paths in American Legal History
Malpassi S.
2022
Abstract
As Gilmore pointed out in 1977, judicial opinions are a fundamental tool for retracing the historical evolution of a legal system. The United States, and more specifically its Supreme Court, is, indeed, a pivotal «case study» in monitoring the impact of dissenting opinions on constitutional transformations during the 20th century, although judicial review itself has experienced different phases and has been employed for multifarious tasks. A study of dissenting opinions and social legislation during the Lochner Era offers an interesting perspective on the importance of dissent inside the Court for the survival and evolution of American democracy and constitutionalism. Finally, the «constitutional dialogue» here employed proves the relevance of channeling dissent through the Court.
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