No constitutional grand theory can be comprehensive, certain, and complete simultaneously

Evidence

Constitutional Fate depended upon two limiting conclusions. First, it argued that the search for a grand theory was misconceived on logical grounds. … This meant that no grand theory privileging any-or all-of these modalities could legitimate and justify their operation in any case. A theory that was comprehensive 6 and complete could not provide certainty, because the modalities could conflict. A theory that was comprehensive and provided certainty by privileging some modalities, as for example, by a hierarchical arrangement, could not be complete because it would require the inclusion of new principles to legitimate the hierarchy, and then new rules to legitimate the operation of these principles, and so on. A theory that was certain and complete (such as strict construction) could not be comprehensive because it excluded some modalities. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 177

Categorization

• DEFINE: Sets out an impossibility-triangle framework for evaluating any grand constitutional theory by the three axes of comprehensiveness, certainty, and completeness.
• XREF: Resembles the classic trilemma structure (e.g. CAP theorem in distributed systems: consistency, availability, partition tolerance) applied to constitutional theory. — connects to: Judicial rules should not be applied to dryly logical extremes — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 144; Constitutional adjudication can achieve total prohibition where legislation cannot — , The Rod and the Child: A Global History…, 10912; Law lacks fixed major premises unlike math and science — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1309 (+4 more)

Broader Connections

• Constitutional adjudication can achieve total prohibition where legislation cannot #contradicts (0.55) — , The Rod and the Child, 10912
• Judicial rules should not be applied to dryly logical extremes #complicates (0.50) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 144
• Illegitimacy is not delivered to the law from outside, as virtually all contemporary theorists maintain. Patterson also sees why, in Constitutional Fate, I chose the problem of judicial review as… #complicates (0.50)
• Law lacks fixed major premises unlike math and science #expands (0.45) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1309