“Everything Flows”: Mark Tushnet's Rights Revolution and the Impact of Constitutional Dialogue

Abstract

It is my pleasure to contribute to the workshop on Mark Tushnet's manuscript. Good literature is sometimes identified by its ability to elicit responses on different levels. While reading Tushnet's compelling manuscript, my thoughts about the validity of the historical analysis were supplemented by immediate comparisons to the much shorter history of the rise of “rightspeak” in Israel. Then there were some thoughts about the possible links between this manuscript and Tushnet's earlier works and between this manuscript and other studies of the subject. Finally, I found myself linking and comparing Tushnet's implicit normative arguments with my own views on the role of courts in liberal democracy.