Bradley D. Hays Political and legal scholars have largely failed to incorporate (and ultimate) responsibility for defining the contours of constia sophisticated theory of institutional and political change into tutional meaning. In all but the rarest of occasions (e.g. formal constitutional theory. In this paper, I outline the underdeveloped constitutional amendment), constitutional change derives from conception of change set forth in the dominant strain of constithe evolution of legal doctrine as dictated from the bench. tutional theory and how it fails to describe and account for the Such belief led constitutional theorists, mostly employed by true nature of development in constitutional regimes. I further the nation's elite law schools, to entrench their understanding of detail why understanding institutional and political change is of good political regimes within interpretive theories. Such can be fundamental importance to constitutional analysis. Without a seen in the most influential works of constitutional theory from theory of development and change, constitutional theorists fail to the 1960s through the early 1990s, including the work of provide plausible means of evaluating constitutional politics outAlexander Bickel, John Hart Ely, Ronald Dworkin, and Bruce side of the courts and, thereby, a way of achieving the good Ackerman. I
The Good Society – Penn State University Press
Published: Jun 1, 2004
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