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Full-Text Articles in Comparative and Foreign Law
Restorative Constitutionalism, David E. Landau, Rosalind Dixon
Restorative Constitutionalism, David E. Landau, Rosalind Dixon
Washington and Lee Law Review
Cass Sunstein and other scholars have distinguished between two forms of constitutionalism: preservative constitutionalism, which looks to maintain the status quo, and transformative constitutionalism, which aims to transcend a flawed constitutional history and achieve a better future. In this Article, we introduce a third, undertheorized mode of constitutionalism, which we call restorative. Restorative constitutionalism seeks a return to a lost, more authentic constitutional past, whether real or imagined. Restorative discourse in modern United States constitutionalism is dominated by conservative calls for originalist judicial interpretation. But originalism is only one subset of restoration, and indeed restorative discourse has been present at …
Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
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