Tushnet and Bojan Bugaric begin Constitutionalism and Its Discontents
with an elegant paradox: constitutionalism simultaneously empowers
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).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…
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Sabrina Ragone
There is much to admire in Mark Tushnet and Bojan
Bugaric’s Constitutionalism and Its Discontents, beginning with the
ambition…
This week at Balkinization we are hosting a symposium on Mark Tushnet and Bojan Bugaric’s new book, Constitutionalism and Its Discontents (University of Chicago Press, 2026).
We have assembled a terrific group of commentators, including Colm O’Cinneide (University College London),…
For the Balkinization Symposium on the Global Political Economy of Artificial Intelligence.Claudia E. Haupt
Professional
AI’s Dual Trust Problem
Each day,
more than forty million people ask ChatGPT health
questions. When OpenAI and Anthropic launched dedicated health AI tools that…
For the Balkinization Symposium on the Global Political Economy of Artificial Intelligence.Ava Liu
There is a problem with the concept of “predistribution”,
which is that the idea is ill-defined. At the broadest level, predistribution is
defined as what is not…