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International Journal of Constitutional Law
Article . 2004 . Peer-reviewed
Data sources: Crossref
SSRN Electronic Journal
Article . 2002 . Peer-reviewed
Data sources: Crossref
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The Lochner era and comparative constitutionalism

Authors: Sujit Choudhry;

The Lochner era and comparative constitutionalism

Abstract

The Lochner era exerts a powerful hold over the American constitutional imagination as an example of the dangers of judicial review. Indeed, much of the edifice of the last fifty years of American constitutional jurisprudence can be viewed as a reaction to, a rejection of, and an attempt to avoid a repetition of, the Lochner era. I want to explore a related phenomenon that has received insufficient attention from students of comparative constitutionalism - namely, the role of the Lochner era in constitutional discourse outside of the United States. My central argument is that instead of serving as a positive model for drafting and construing constitutional provisions, the Lochner era serves as a negative guide to constitutionalism, with respect to both the framing of constitutions and constitutional interpretation. Lochner lurks as a shadow over liberal democratic constitutionalism, a constitutionalism which is framed in part by what it is not. In so doing, the Lochner era stands as perhaps the paradigmatic instance of an "anti-model" of comparative constitutional experience.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
16
Average
Top 10%
Average
bronze
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