Comments on: The (Contemporary) Godfather of Comparative Constitutional Law? http://www.concurringopinions.com/archives/2008/05/the_contemporar_1.html The Law, the Universe, and Everything Thu, 18 Mar 2010 19:39:04 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Patrick S. O'Donnell http://www.concurringopinions.com/archives/2008/05/the_contemporar_1.html/comment-page-1#comment-49416 Patrick S. O'Donnell Sat, 03 May 2008 16:49:07 +0000 http://www.solove.org/archives/2008/05/the-contemporary-godfather-of-comparative-constitutional-law.html#comment-49416 "his writings are part of increasingly important positive accounts of judicial behavior." Is "positive" here in reference to "positive political theory" or the antonym of "negative?" In either case, it would be nice to have more discussion of this. And I'm wondering if, in bringing up the topic of "different systems of judicial review" you are hinting at constrast cases with or an altogether different perspective from recent works by the likes of Mark Tushnet and Larry Kramer about "taking the Constitution away from the Courts," or the increasing skepticism about the constitutional and democratic value of judicial review (I'm inclined to see this as a case of sour grapes: when the courts are ruling in our favor judicial review is wonderful, when the converse, the cry of 'popular constitutionalism' holds sway; in addition, I tend to think it represents muddled thinking about the meaning of 'popular sovereignty'). “his writings are part of increasingly important positive accounts of judicial behavior.”

Is “positive” here in reference to “positive political theory” or the antonym of “negative?”

In either case, it would be nice to have more discussion of this.

And I’m wondering if, in bringing up the topic of “different systems of judicial review” you are hinting at constrast cases with or an altogether different perspective from recent works by the likes of Mark Tushnet and Larry Kramer about “taking the Constitution away from the Courts,” or the increasing skepticism about the constitutional and democratic value of judicial review (I’m inclined to see this as a case of sour grapes: when the courts are ruling in our favor judicial review is wonderful, when the converse, the cry of ‘popular constitutionalism’ holds sway; in addition, I tend to think it represents muddled thinking about the meaning of ‘popular sovereignty’).

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