Monday, May 12, 2008

Government by the judiciary is good for democracy?

Square that circle for me. I love the attempts to promote "liberal constitutionalism". None of which ever appeal to the actual meaning or structure of the constitution. This appeal is sad but almost honest. It is an appeal for someone, please, anyone, to come up with a good liberal constitutionalism that sells. The "living constitutionalists" are ever theorizing and coming up with new ways to cloak a judicial approach that consists of getting at the "right" result.