Against Constitutional Law (Populist or Otherwise)

Mark Tushnet has written a great critique of constitutional judicial review. With his sure grasp of the scholarship, his commit- ment to the issues and the real people behind them, and his methodical, flawless reasoning, he has effectively blasted the theoretical foundations of judicial constitutional law to smithereens. As such, he has made a valuable contribution to legal scholarship that will remain so for a long time to come.