What are the legal and ethical limits on the state‘s discretion in using financial means to either incentivize or penalize ideologically contentious speech? Throughout the liberal world, state support of private activities—artistic creation, academic inquiry, welfare provision, etc.—invokes disputes as to the legitimacy of conditions imposed upon recipients, that require them to either express support...
Tag: <span>Mark Tushnet</span>
CONSTITUTIONAL DEMOCRACY IN CRISIS? II
The early twenty-first century appears of be a period of turmoil in many seemingly stable constitutional democracies. This panel and two others discuss such questions as these: Are there general forces weakening constitutional democracy around the world, or are there nation-specific reasons for crises that simply happen to be occurring at roughly the same time?...
Institutions Supporting Constitutional Democracy: South Africa
Scholars are increasingly taking note of a species of government institutions that fall outside the traditional separation of powers and have come to be known as the “fifth branch“: these institutions are created by constitutional design to engage in independent oversight and investigation of the other branches. Using South Africa as a case study of...
Populism and social welfare constitutionalism
There seem to be left-wing and right-wing versions of populism. Most academic writing has focused on the right-wing versions. Both right-wing and left-wing populist movements are antiliberal and anticosmopolitan, with right-wing movements more comprehensive in their anticosmopolitanism than some left-wing movements. Right-wing populism is a movement of democracy against all versions of liberalism considered as...
Unconstitutional Constitutional Amendments and Constitutional Replacements
The tension between “eternity“ clauses and the possibility of constitutional replacement has been noted but not adequately explored. Constitutional theory must leave room for replacing a constitution with an eternity clause protecting some specific matter such as federalism or secularism with one modifying federalism or secularism, but then the sense in which the existing constitution...