In The Anti-Oligarchy Constitution: Reconstructing the Foundations of American Democracy (2022), Joey Fishkin and William E. Forbath seek a restoration to American politics of a coupling of political-cultural dispositions long in evidence here but recently gone out of style: for a casting of...

Alongside the regulative and integrative functions we theorize for constitutions, a function of legitimation perhaps deserves a focus of its own. By legitimation, I mean the social and communicative processes by which a country's people sustain among themselves a sense of assurance of the...

This Comment presents a reading of the judgments of the Supreme Court of Appeal of South Africa in the recent case of Minister of Minerals and Energy v. Agri South Africa. The judgments reject a claim of unconstitutional expropriation of property by force of a recent, major statutory revision of...

If members of a populace consciously share a description of an essential, durable feature of the constitution in force in their country (say, its provision for resolving disputes concerning the constitution's meaning and application), must they also share a view of that constitution as the prior...