Whipping Up a Storm: Trying to Make Sense of Constitutional Law
The effort to make sense out of what the judges of any Supreme Court do is all the more pressing and acute in times of political turbulence. Lawrence Lessig’s Fidelity and Constraint offers itself as one such effort to distinguish constitutional decision-making from “the ad hoc in politics” by its reliance upon principled and neutral reasons; it is the judges’ detached and professional nature that underwrites their democratic legitimacy and institutional commitment. This review challenges those claims and demonstrates how Lessig’s analysis does more to undermine that project than achieve it.
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Hutchinson, Allan C..
"Whipping Up a Storm: Trying to Make Sense of Constitutional Law."
Osgoode Hall Law Journal