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Tsai on Breslin on Constitutional Functionality

By Lawrence Solum

Robert L. Tsai (American University - Washington College of Law) has posted Book Review of Beau Breslin's, 'From Words to Worlds: Exploring Constitutional Functionality' (Perspectives on Politics, Vol. 9) on SSRN. Here is the abstract:

This is a review of Beau Breslin's book, "From Words to Worlds: Exploring Constitutional Functionality" (Johns Hopkins, 2009). As an antidote to what he believes to be scholarly marginalization of the "unique" aspects of a written constitution, Breslin focuses attention on seven functions of such a legal text: transforming existing orders, conveying collective aspirations, designing institutions, mediating conflict, recognizing claims of subnational communities, empowering social actors, and constraining governmental authority. This review briefly critiques Breslin's functional approach and discusses two of the more pressing goals of modern constitutionalism: managing social conflict and preserving cultural heritage.

Full post as published by Legal Theory Blog on August 17, 2010 (boomark / email).