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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

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Date posted: February 6, 2013 ; Last revised: February 11, 2013

Suggested Citation

Dorf, Michael C., Create Your Own Constitutional Theory (January 1, 1999). California Law Review, Vol. 87, p. 593, 1999; Cornell Legal Studies Research Paper No. 13-19. Available at SSRN: https://ssrn.com/abstract=2212268

Contact Information

Michael C. Dorf (Contact Author)
Cornell Law School ( email )
Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio.cfm?id=333

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