Substitute Arguments in Constitutional Law
74 Pages Posted: 17 Jul 2015
Date Written: 2015
In this article, I argue that that substitution is crucial to our practice of constitutional law. Of course, if one wished, one could easily extend the domain of substitution beyond these boundaries. Substitute arguments are an important aspect of law more generally and, indeed, of life. I have nonetheless chosen to limit my discussion to constitutional substitution because, I believe, overt discussion of substitution in this particular area illuminates important aspects of our constitutional regime -– aspects that substitution itself regularly obscures. To put my central point directly, I hope to show that constitutional law amounts to one, giant substitute argument.
Keywords: common law rule, substitution argument, diliberation, constititional argument
JEL Classification: K00, K30, K39
Suggested Citation: Suggested Citation