THERE are two ways to think about the future of the Supreme Court in the wake of last night’s stunning upset in the presidential race: taking Donald Trump at his word when he says he will load the bench with conservatives, or, in view of his penchant for changing his mind, taking these promises with...

The “new model” of constitutionalism has come to permeate the constitutional structure of many countries in recent history. Its enhanced focus on rights and the rebalancing of the relationship between courts and legislatures has allowed the principle of proportionality to develop as increasingly decision-makers try to reach a balance between competing interests. Support for the...