“Common Good Constitutionalism”: Rule of Law, Rule By Law, Or Something Else Entirely?

Publication Year
2025

Type

Journal Article
Abstract

Adrian Vermeule has achieved something remarkable. His short volume Common Good Constitutionalism has created a veritable cottage industry in jurisprudence as well as constitutional and political theory;1 that industry’s products range from dire warnings about authoritarianism to adulation of what Vermeule himself calls a “ressourcement of the fundamentals of the classical Western legal tradition.” In fact, Vermeule, as an intellectual, has become an object of unusual fascination: which other law professor generates speculation about the meaning of his religious conversion, which other law professor is subject to extensive, often vitriolic controversy on social media—and keeps controversy going through posts that can only be described as learned forms of trolling and triggering? And which other contemporary theorist has dismissed so many criticisms with a disdainful gesture of claiming that hardly anyone truly understands him?

Journal
Law and Contemporary Problems
Volume
87
Pages
47-65
Date Published
08/2025