Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. This article is inspired by the author’s work in her book The Originalism Trap: How ...

Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

Dr. Doerfler and Dr. Moyn teach law at Harvard and Yale. See more of our coverage in your search results.Encuentra más de nuestra cobertura en los resultados de búsqueda. Add The New York Times on ...

In 1994, South Africa became a democracy founded on a supreme constitution. The constitution’s preamble affirms the nation’s quest to establish a society based on democratic values, social justice and ...

This year marks 32 years of South Africa’s constitutional democracy and nearly three decades since legal scholars such as Karl Klare foregrounded the concept of transformative constitutionalism. This ...