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Mark V. Tushnet, Restoring Self-Governance: Constitutional Change and the Charge of Illegality, Verfassungsblog (Dec. 14, 2021).


Abstract: Perhaps the wave of authoritarian populism has begun to recede. Rebuilding liberal constitutionalism in its aftermath now requires some attention, as Andrew Arato and András Sajó suggest. (This intervention addresses some but not all of the questions they raise.)