Congrats to @tricondublin.bsky.social Director Prof @aileenkavanagh.bsky.social whose paper ‘Keeping it Real in Constitutional Theory’ is ‘Download of the Week’ on the Legal Theory blog, and described by Prof @lsolum.bsky.social as a ‘deep and important paper’.
TriCON
Download of the Week: “Keeping it Real in Constitutional Theory” by Kavanagh
The Download of the Week is Keeping it Real in Constitutional Theory by Aileen Kavanagh. Here is the abstract: In constitutional theory, we are familiar with the claim that a good theory must fit and justify…
The Download of the Week is Keeping it Real in Constitutional Theory by Aileen Kavanagh. Here is the abstract: In constitutional theory, we are familiar with the claim that a good theory must fit and justify constitutional practice. However, the criterion of 'fit' sometimes gets lost in the quest to provide a bold normative theory about what constitutional should be. Using the debate about the legitimacy of constitutional judicial review as an example, this article warns against a problematic disjuncture between theory and practice in the domain of constitutional law.
