Create Your Own Constitutional Theory
Michael C. Dorf
Cornell Law School
January 1, 1999
California Law Review, Vol. 87, p. 593, 1999
Cornell Legal Studies Research Paper No. 13-19
In his thoughtful and thought-provoking article, How to Choose a Constitutional Theory, Professor Fallon offers assistance to those bewildered by the large number and variety of constitutional theories. His insightful account sheds light on what is at stake in the constitutional theory debate, showing the premises shared by its participants. Nonetheless, I am dubious about Fallon's basic undertaking. The title suggests that the choice of a constitutional theory precedes the formulation of answers in particular cases: one chooses a constitutional theory and then applies it to constitutional cases. Yet in practice, matters typically proceed in the opposite direction.
Number of Pages in PDF File: 21
Keywords: constitutional theory, rule of law, individual rights
Date posted: February 6, 2013 ; Last revised: February 11, 2013
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