Document Type
Article
Publication Date
3-5-2012
Abstract
There are many good recent critiques, and at least as many good recent defenses,
of the idea of constitutional rights.4 Both the critiques and the defenses almost al-
ways assume a particular audience, one consisting of what we might call
institutional designers. Institutional designers are in a position either to invent or
reinvent the governing institutions of a society (like, say, the American Framers in
the 1780s or the post-Soviet and post-apartheid-South-African nation-builders of
the 1990s), or (far more often) to seriously reassess some of the governing
institutions the society already has (as happened during recent debates in Great
Britain and New Zealand over the adoption of statutory Bills of Rights).
Recommended Citation
Christopher J. Peters,
Constitutional Rights And The Problem Of Legal Authority,
(2012).
Available at:
https://scholarworks.law.ubalt.edu/all_fac/869