Monday, February 20, 2012

American Exceptionalism? The Case of “Grand” (or “Cosmic”) Constitutional Theory

Ken Kersch

Query: Since World War II, there has been a worldwide boom in the adoption of written constitutions, and, subsequently, in the practice of increasingly robust forms of judicial review. Has this led scholars (and judges) in other countries to create their own grand theories of constitutional interpretation, in the style of grand theory here in the U.S. (living constitutionalism, originalism, political process theory, pragmatism – the schools set out and critiqued in Judge Wilkinson’s new book)? If not, why not? Are we likely to see such theories forged in other countries, with their own constitutional orders in mind? Why or why not? Do we have here a case of American exceptionalism?

The only case I can think of is that of Aharon Barak (formerly) of the Israeli Supreme Court, but my knowledge on this is limited.

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