Proconstitutional behavior, political actors, and independent courts: A comment on Geoffrey Stone's paper

Constitutional law can only do its work when political actors & citizens provide sufficient levels of compliance with & respect for that law as fundamental. "Constitutionalism" refers to some significant degree of compliance with rule of law & human rights principles (often reinforced through the decisions of an independent judiciary, which decisions are respected by political actors). Political actors play a key role in establishing & sustaining constitutionalism by their decisions whether to engage in what I will call "proconstitutional" behavior. Professor Stone's (2004) illuminating paper provides an occasion to reflect on two aspects of constitutional law -- the role of independent courts & the role of nonjudicial government actors. In this comment, I will first identify three important themes in Professor Stone's work & then consider their implications for the role of independent courts in sustaining constitutionalism & for the importance of "proconstitutional" behavior by nonjudicial constitutional actors. Adapted from the source document.