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Constitutional scholarship in the United States

By Alliance Alert

International Journal of Constitutional Law: "The relative autonomy of constitutional law, and hence of constitutional law scholarship, is not a natural fact. It is historically and socially constructed out of the forms of trust that a society is willing to repose in the claims of independent legal expertise. In the United States, tolerance for law as a moderately autonomous system is far less than in Europe. This is evident in the process of Europeanization, which von Bogdandy discusses. The so-called democratic deficit that attends this fundamental European constitutional transformation would be all but inconceivable in the United States. Citizens of Europe are evidently far more willing to entrust their fate to legal experts than are citizens of the United States."

Full post as published by Constitutionally Correct on July 13, 2009 (boomark / email).