Balkinization, published by Jack M. Balkin, focuses on constitutional law, judicial review, and democratic theory. The blog explores topics such as transitional justice, the role of courts in democracy, statutory interpretation, and the evolving methodologies of the Supreme Court. It hosts symposia on significant legal works and debates issues like the balance between individual rights and collective rights, the impact of judicial decisions on democratic governance, and the challenges of interpreting statutes across different legal eras. The blog also addresses the ethical and political dimensions of justice in both national and international contexts.
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Martin Loughlin
My thoughts on Constitutionalism and Its Discontents,
the latest publication from Professors Tushnet and Bugaric, must be situated in…
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).For some years, the American legal academy has shared
two basic presuppositions. The first is
that the United States Constitution basically constitutes…
If Vice President Vance was sincere this
Spring when he reported that negotiations had failed because the Iranians did
not accept the U.S. proposal, I have grave doubts about whether he understands
even the rudiments of negotiations. The…
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026). The movies “Back
to the Future” and “Peggy Sue Got Married” offer different perspectives on the…
…
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Roberto Gargarella
For many years, I have followed the work of Mark
Tushnet with admiration. Lately, his contributions have been strengthened through…
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026). Jedediah Britton-Purdy
I
admire and enjoy Constitutionalism and Its Discontents. The authors’
careful parsing of exaggerated or one-sided hopes for constitutional…
The Administration’s request for emergency relief with respect to its proposed regulations on mail-in voting raises complex issues that cannot be decided on the papers. The Court should hear argument and get full briefing, which in practice means that the…
For those who are attending the American Political Science Association, please join us Friday, September 4 at 2 PM, for a panel on my book, *The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who…
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Laura Gamboa
Though often thought as linear and cohesive the literature
on democratic resilience struggles with two relatively opposing premises. On
the…
