Known Knowns and Known Unknowns in Constitutional Design | Mark Tushnet

The constitution’s drafters know that they face specific issues, such as how to design a lower legislative house, what its relation to an upper house will be, and many more. They also know that people at the time of drafting have views, sometimes strong ones, about how those issues should be resolved. And, finally, they want the constitution they are writing to be adopted. Continue reading Known Knowns and Known Unknowns in Constitutional Design | Mark Tushnet

Francis Fukuyama, ‘End of History’ & our Law Schools | Shantanu Singh

Although the ’eternal marriage of capitalism and democracy,’ where the former repeatedly undermines the latter to the extent of being absolutely incompatible, is being exposed to show clear contradictions today, Fukuyama is not being questioned at our universities – perhaps we still live in his fantasy land. The truth is however far from his fiction, a truly universal and homogeneous liberal state cannot exist with capitalism, competitive or otherwise.

Continue reading Francis Fukuyama, ‘End of History’ & our Law Schools | Shantanu Singh

Corruption: Where We Don’t Like Folks Getting Along Too Well | Lalit Panda

Economics had, of course, previously developed a politically (or economically) correct term to condemn corrupt activity: rent-seeking. However, this is a much wider term, referring even to entirely legal pursuits by which individuals could seek to corner wealth for themselves without actually participating to create new wealth. Continue reading Corruption: Where We Don’t Like Folks Getting Along Too Well | Lalit Panda