Constitutional Theory Transformed

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

Against Constitutional Theory

Community in Contemporary Constitutional Theory

Natural Law in American Constitutional Theory

A Constitutional Theory of the Family

A Constitutional Theory of the Family The paper re-examines the idea that a family can be viewed as a community governed by a self-enforcing constitution, and extends existing results in two directions. First, it identifies circumstances in which a constitution is renegotiation-proof. Second, it introduces parental altruism. The behavioural and policy implications are illustrated by showing the...