Common Law Constitutionalism Through Methodology

Common Law Constitutionalism and Its Counterpart in Japan

* Associate Professor of Law, Sojo University; LL.M., University of California, Los Angeles; J.D., University of Tokyo; B.A., Waseda University. This paper is based on my LL.M. thesis, and I thank Clyde S. Spillenger for his supervision and advice. Without him, this Article would not exist. I also would like to thank Daniel Rosen and Lieba Faier for their thoughtful comments, and I thank Kazuno...

New Governance , Law and Constitutionalism

Progressive Constitutionalism and Alternative Movements in Law

On Law, Politics and Contemporary Constitutionalism

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the r...

Should Progressive Constitutionalism Embrace Popular Constitutionalism?

There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...