The Yale Law Journal

Ernest A. Young


Curricula and Complacency: A Response to Professor Levinson

Ernest A. Young

Back when my friend Sandy Levinson and I were both on the Texas law faculty, the assistant dean for communications proposed a promotional tour featuring Professor Levinson’s book Our Undemocratic Constitution and my recently published piece in this journal, The Constitution Outside the Constitutio…


The Constitution Outside the Constitution

Ernest A. Young

117 Yale L.J. 408 (2007).

Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitu…