The asserted primacy of norms over rules and institutions raises perhaps the greatest challenge for scholars and practitioners of constitutional design. In the midst of the great crisis facing contemporary democracy, in America and globally, is there nothing that the law can do? In this paper, I suggest that with appropriate constitutional anchors, the courts can fuel political support for the same unwritten norms that make the courts effective at all – making the causal arrow run in both directions. To do so, courts must fearlessly call autocracy by its name.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!