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Part V Themes, Ch.47 The Economics of Constitutional Law

Maxwell L. Stearns

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Constitutional law is a highly contested discipline. Although the quest for grand theories is as old as the discipline itself,1 time has not generated meaningful consensus. Perhaps the only consensus among constitutional law scholars concerns the elusiveness of a grand theory.2 Many such theories have been proposed,3 yet virtually all have been deconstructed on methodological or normative grounds. This should not be surprising. However far one might push a given normative constitutional theory,4 choosing among competing approaches helps to promote different...
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