Introducing the Constitutional Redemption Symposium

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2 Responses

  1. A.J. Sutter says:

    Jack Balkin mentions, apropos of “how [he] became an originalist,” that “One of the most important problems in constitutional theory [sic] is accounting for, explaining, and justifying legitimate constitutional change” (@ 226). There isn’t any mention in the book of folks like Kelsen, Radbruch, or even Hart or Raz, all of whom treated of this topic. (Much less of Habermas or Sternberger, of whose concept “constitutional patriotism” this book is a passionate manifestation.) Nor, so far as I could tell, is there any discussion of foreign jurisdictions. As pointed out in a recent book by Zachary Elkins & al., the average lifespan of a constitution is around 19 years. While this average is skewed by, especially, Latin American and Caribbean countries, even France has had 6 and Japan 2 constitutions within the past 200 years.

    The “constitutional theory” invoked in this book seems more to be an upper case Constitutional theory, specific to the US. I hope you will have some comparativist discussion in this symposium.

  2. A.J. Sutter says:

    PS: and hope, too, that Prof Balkin will fix the typo when the book comes out in paperback.