ABSTRACT

This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book presents democratize the debate about judicial review. While jurists and constitutional theorists of various political stripes have long called for a more democratic constitutional discourse, most have concentrated on legislative and executive interpretation as an alternative to judicial decision-making, thus retaining an elite focus. Rather than offering yet another theory that attempts to legitimize either judicial activism or judicial restraint, Who's Your Daddy uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision-making by courts, legislatures, or executives, Who's Your Daddy explores the representation of law and legitimacy in various sites of popular culture.