Well, in fairness to Michael, he's a bit more explicit about the reactionary nature of the project (for instance here: papers.ssrn.com/sol3/papers....)
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Well, quite. Some of the proponents of “common good constitutionalism” - certainly Vermeule - are happy to accept the correct label of “reactionary” though they tend not to volunteer it. “Obscurantist” and “pre-Enlightenment” will also do, though that tends not to be at the front of their argument.
aug 27, 2025, 5:58 pm • 1 0 • view
But essentially the idea is to dump any element of the common law (at least public law) that can’t be traced back to the scholastics. And certainly any element of common public law that recognises the courts’ role in protecting democratic values (about which they are at best ambivalent).
aug 27, 2025, 6:01 pm • 1 0 • view