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Essay
85.2
Terrorism and Democratic Recession
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School

Thanks to symposium participants for helpful responses and conversations, and to Brent Cooper and other editors at the Review for excellent edits. Support for this work was supplied by the Frank J. Cicero, Jr. Fund.

The act of terrorism and the state of democracy are related in complex, dimly understood ways.

National Security
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Essay
85.2
Competing Orders? The Challenge of Religion to Modern Constitutionalism
Ran Hirschl
Professor of Political Science & Law, University of Toronto, and Alexander von Hum-boldt Professor of Comparative Constitutionalism, University of Göttingen.
Ayelet Shachar
Professor of Law, University of Toronto, and Director of the Max Planck Institute for the Study of Religious and Ethnic Diversity.

The rule of law and the rule of God appear to be on a collision course.

Constitutional Law Freedom of Religion
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Essay
85.2
The Wrong Rights, or: The Inescapable Weaknesses of Modern Liberal Constitutionalism
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law; the Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; and Senior Lecturer, The University of Chicago Law School

My thanks to Julia Haines and Manuel Valle, The University of Chicago Law School, Class of 2017, and Kenneth Hersey and Jonathan Povilonis, NYU School of Law, Class of 2018, for their usual excellent research assistance.

Professors Tom Ginsburg, Aziz Huq, and Mila Versteeg (GHV) have written a mile-a-minute, and decidedly one-sided, account of the decline and fall of liberal constitutionalism throughout the world in the past generation.

Civil Rights Constitutional Law
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Essay
85.2
Liberal Constitutionalism and Economic Inequality
Rosalind Dixon
Professor of Law, UNSW Sydney

Many thanks to Richard Briffault, Tom Ginsburg, Jamal Greene, Ran Hirschl, Richard Holden, Aziz Huq, David Landau, Sabeel Rahman, Kim Lane Scheppele, and Mila Versteeg for helpful comments and suggestions on earlier drafts of this Essay. Thanks are also due to Melissa Voigt for outstanding research assistance.

Julie Suk
Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University

Equality is guaranteed in every liberal-democratic constitution around the world, but inequality of wealth and income is widespread and on the rise.

Constitutional Law
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Essay
85.2
Is EU Supranational Governance a Challenge to Liberal Constitutionalism?
Gráinne de Búrca
Florence Ellinwood Allen Professor of Law, NYU Law Schoo

The European Union was founded in the 1950s as an experiment in postwar regional integration, in part to help rebuild national economies damaged by World War II through economic integration, and in part to ward off, by means of closer legal and political integration of states, the threat of totalitarianism and Soviet expansion.

Constitutional Law International Law
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Article
85.2
Courts’ Limited Ability to Protect Constitutional Rights
Adam S. Chilton
Assistant Professor of Law and Walter Ma nder Research Scholar, The University of Chicago Law School
Mila Versteeg
Professor of Law, University of Virgin ia School of Law
In October 2015, Poland’s newly elected conservative government moved swiftly to neutralize the country’s Constitutional Tribunal.
Constitutional Law Courts
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Essay
85.2
Constitutionalism and the American Imperial Imagination
Aslı Bâli
Professor of Law, UCLA School of Law

We are grateful to the organizers of The University of Chicago Law Review Symposium for inviting us to contribute to this issue and to the participants of the symposium on May 12–13, 2017, for the constructive criticism they offered on our preliminary draft of this Essay. For their helpful suggestions on our argument, we would also like to thank Devon Carbado, Cheryl Harris, Ran Hirschl, Aziz Huq, Darryl Li, Odette Lienau, Hiroshi Motomura, Samuel Moyn, K-Sue Park, Intisar Rabb, Kim Scheppele, Noah Zatz, and the participants at the Yale Law School’s 2018 Middle East Legal Studies Seminar meeting in Lisbon. We are also grateful to Laura Bloom and Sam Millang for excellent research assistance.

Aziz Rana
Professor of Law, Cornell Law School

President Donald Trump’s ascendance to the White House has been understood as signaling a breakdown in American global leadership.

Constitutional Law
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Article
85.2
The Coming Demise of Liberal Constitutionalism?
Tom Ginsburg
Leo Spitz Professor of International Law and Ludwig and Hilde Wolf Research Scholar, The University of Chicago Law School
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School.
Mila Versteeg
Class of 1941 Research Professor of Law, University of Virgina School of Law

In the wake of World War II, liberal constitutionalism emerged as a default design choice for political systems across Europe and North America. It then diffused more widely across the globe as a whole.

Constitutional Law
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Article
85.1
Sticky Regulations
Aaron L. Nielson
Associate Professor, J. Reuben Clark Law School, Brigham Young University

The author thanks Stephanie Bair, Jim Brau, Emily Bremer, Brigham Daniels, Daniel Hemel, David Moore, Carolina Núñez, Jarrod Shobe, Paul Stancil, Lisa Grow Sun, Christopher Walker, the participants in the 2017 Center for the Study of the Administrative State’s Research Roundtable on Rethinking Due Process and accompanying public policy conference held at the Antonin Scalia Law School, George Mason University, and the participants in the 2016 Rocky Mountain Junior Scholars Forum held at the S.J. Quinney College of Law, University of Utah. Michael A. Stevens provided helpful research assistance. Financial support was provided by Brigham Young University and the Center for the Study of the Administrative State.

Modern administrative law is often said to present a dilemma.

Administrative Law Behavioral Economics
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Article
85.1
Institutional Loyalties in Constitutional Law
David Fontana
Associate Professor of Law, George Washington University

Our thanks to Michael Abramowicz, Joseph Blocher, Mary Anne Case, Justin Driver, Alison LaCroix, Jonathan Masur, Jon Michaels, Douglas NeJaime, Martha Nussbaum, David Pozen, David Schleicher, Paul Schied, Naomi Schoenbaum, Micah Schwartzman, Michael Selmi, Ganesh Sitaraman, Lior Strahilevitz, and Laura Weinrib for thoughtful comments and suggestions. Lael Weinberger, Brent Cooper, and other editors at the Review also supplied useful critical thoughts. We also received helpful feedback from workshops at the George Washington Law School and the University of Chicago Law School. Support for one of us (Huq) was supplied by the Frank J. Cicero, Jr. Fund. Our errors are our responsibility alone.

Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School

The Constitution’s separation of powers implies the existence of three distinct and separate branches.

Constitutional Law Institutional Design Separation of Powers