Document Type
Article
Disciplines
Constitutional Law
Abstract
The United States may be the prime example of constitutionalization of the legal order. It was the first system (though no longer the only one) to make its written constitution directly applicable law, superior to all other sources of law, in all courts. A corollary to this legalization of the constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.
Recommended Citation
Kay, Richard and Fisch, William B., "The Constitutionalization of Law in the United States" (1998). Faculty Articles and Papers. 512.
https://digitalcommons.lib.uconn.edu/law_papers/512