Abstract:We diagnose a paradox said to exist for liberal constitutionalism. Constitutional rules seemed to fail to constrain in times of expediency or under conditions of necessity, occasions when constraints might be most needed. From this failure, a form of rule skepticism seems to undermine liberal constitutionalism's claims to govern and constrain official behavior, especially during times of emergency. On closer inspection, we identify three different forms this purported rule skepticism might take: contestation o… Show more
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