Bojan Bugaric
University of Sheffield, Department of Law
Professor of Law
Bartolome House, Winter Street
Sheffield, South Yorkshire S37ND
United Kingdom
affiliation not provided to SSRN
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Ideas:
“
Mark Tushnet and I can now officially announce that we have a contract with the University of Chicago Press for publication next year of Constitutionalism and Its Discontents . To over simplify the thesis: We identify three kinds of discontent--with constitutionalism as such, with programmatic constitutionalism, and with remedies for democratic decline--and argue (again oversimplifying) that almost everything that makes sense as a response to one of the discontents exacerbates one or both of the others. We offer some suggestions for other ways of approaching the discontents, the upshot of which is (once again oversimplifying) to scale back pretty dramatically our expectations of what constitutionalism can deliver. At the moment, and probably in the end, the final sentence echoes Freud: our hope is to replace misery with ordinary unhappiness.
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