I have posted a new paper on "Judicial Independence as a Constitutional Construction."
The paper builds on the notion of constitutional construction and the role constructions play in our constitutional politics and in structuring the workings of our constitutional system. It focuses on the specific context of judicial independence and contestation over how valuable that ideal actually is and how it should be realized in practice. Current proposals to reform the courts might unsettle long-established understandings of how the judiciary should operate, but such efforts to unsettle and reform established constitutional practices and understandings have happened before.
From the abstract:
