The Wrong Rights, or: The Inescapable Weaknesses of Modern Liberal Constitutionalism
Journal: eYLS (Yale Law School)
Year: 2018

My thesis is that modern progressive or social-democratic liberal constitutionalism invites economic decline and political polarization, even if it avoids the massive institutional rot that pervades authoritarian regimes.Its key omission is its conscious decision not to specify the protected individual rights, of which individual autonomy, private property, and contractual freedom are key.Yet ironically, not one of these is typically listed in the standard human-rights statutes, which instead fo