Courts, Constitutionalism, and State Capacity: A Preliminary Inquiry

Madhav Khosla, Mark Tushnet

Pages 95–138, https://doi.org/10.1093/ajcl/avac009

Modern constitutional theory deals almost exclusively with the mechanisms for controlling the exercise of public power. In particular, the focus of constitutional scholars lies in explaining and justifying how courts can effectively keep the exercise of public power within bounds.