biblical literalism and constitutional originalism
... legal texts. Indeed, the originalist judge’s legal obligation is one of fidelity to the judgments embodied in the Constitution’s text even if they are, in some broader sense, immoral judgments. In short, both the critics of originalism who have sought to condemn it by comparing it to literalism and ...
... legal texts. Indeed, the originalist judge’s legal obligation is one of fidelity to the judgments embodied in the Constitution’s text even if they are, in some broader sense, immoral judgments. In short, both the critics of originalism who have sought to condemn it by comparing it to literalism and ...
"If You Ain`t Got The Do, Re, Mi": The Commerce Clause and State
... 8. See infra notes 128-133 and accompanying text. But cf Mitchell v. Steffen, 487 N.W.2d 896, 900 (Minn. Ct. App. 1992) (appeal pending) (noting conclusion of reports by Minnesota Legislative Auditor and Minnesota Department of Human Services that "net effect" of welfare levels on migration "is negl ...
... 8. See infra notes 128-133 and accompanying text. But cf Mitchell v. Steffen, 487 N.W.2d 896, 900 (Minn. Ct. App. 1992) (appeal pending) (noting conclusion of reports by Minnesota Legislative Auditor and Minnesota Department of Human Services that "net effect" of welfare levels on migration "is negl ...
The Preamble and Indigenous Recognition
... given in the Constitution is a matter under consideration by an expert Panel appointed by the Commonwealth. One proposal is that Indigenous Australians be recognised in the existing Preamble to the Commonwealth of Australia Constitution Act 1901 (UK) or a new preamble to be inserted in the Constitut ...
... given in the Constitution is a matter under consideration by an expert Panel appointed by the Commonwealth. One proposal is that Indigenous Australians be recognised in the existing Preamble to the Commonwealth of Australia Constitution Act 1901 (UK) or a new preamble to be inserted in the Constitut ...
Kesavananda Bharati v. State of Kerala
... Unitary and Federal types of Constitutions and the Parliamentary and Presidential systems of Government. They knew what constitutions were regarded as “flexible” constitution and what constitutions were regarded as “rigid” constitutions. They further knew that in all modern written constitutions spe ...
... Unitary and Federal types of Constitutions and the Parliamentary and Presidential systems of Government. They knew what constitutions were regarded as “flexible” constitution and what constitutions were regarded as “rigid” constitutions. They further knew that in all modern written constitutions spe ...
The Equal Rights Amendment: Why It Still Matters and How It Will
... Congress took the bold step of approving the ERA which then required ratification by at least 38 states. It is widely believed that this Congressional action was fueled in part by the growing feminist movement begun in the mid to late 1960s. In its passage of the ERA, Congress established a deadline ...
... Congress took the bold step of approving the ERA which then required ratification by at least 38 states. It is widely believed that this Congressional action was fueled in part by the growing feminist movement begun in the mid to late 1960s. In its passage of the ERA, Congress established a deadline ...
the implementation of papua new guinea`s national goals and
... Proposals for Implementing the NGDP and BSO in the Development of the Underlying Law................................................................................................................................161 ...
... Proposals for Implementing the NGDP and BSO in the Development of the Underlying Law................................................................................................................................161 ...
national constitutional avenues for further eu integration study
... from a national perspective. But there is also another side of the story, taking the EU perspective. The EU Treaties (TEU and TFEU) acknowledge the central role of national constitutions, for instance when they require ratification by all the Member States ‘in accordance with their respective consti ...
... from a national perspective. But there is also another side of the story, taking the EU perspective. The EU Treaties (TEU and TFEU) acknowledge the central role of national constitutions, for instance when they require ratification by all the Member States ‘in accordance with their respective consti ...
Civil Rights and Judicial Resistance to Administrative
... Forum symposium on the Civil Rights Act at 50 years and the Duke Law School Culp Colloquium for their helpful comments and generous feedback. I owe my greatest appreciation to Joy Milligan for her ideas and inspiration along with careful reads of several drafts. 1 Section 553 of the Administrative P ...
... Forum symposium on the Civil Rights Act at 50 years and the Duke Law School Culp Colloquium for their helpful comments and generous feedback. I owe my greatest appreciation to Joy Milligan for her ideas and inspiration along with careful reads of several drafts. 1 Section 553 of the Administrative P ...
Damages: A Remedy for the Violation of Constitutional Rights
... Not until 1978, however, did the Supreme Court hand down a decision ...
... Not until 1978, however, did the Supreme Court hand down a decision ...
Thinking about Habeas Corpus - Scholarly Commons
... against individuals being held in violation of the Constitution and laws of the United States." They argue that habeas corpus does not exist solely to free innocents who were wrongfully convicted; it serves to assure that no person is imprisoned because of an infringement of his or her constitutiona ...
... against individuals being held in violation of the Constitution and laws of the United States." They argue that habeas corpus does not exist solely to free innocents who were wrongfully convicted; it serves to assure that no person is imprisoned because of an infringement of his or her constitutiona ...
no competing theory of constitutional interpretation justifies
... of the Constitution, which is concerned with direct takings under the power of eminent domain, fails to support a regulatory takings doctrine. Nor is an expectation that the Clause restricts government regulation of property use implied from evidence of original intent. Regulatory takings also does ...
... of the Constitution, which is concerned with direct takings under the power of eminent domain, fails to support a regulatory takings doctrine. Nor is an expectation that the Clause restricts government regulation of property use implied from evidence of original intent. Regulatory takings also does ...
The protection of fundamental rights by the Constitutional Court
... some form of integration, one which brings the nation states within an overarching system of shared values. I do not mean here integration as political union on a transnational scale. This is a far-reaching goal, the achievement of which, even if it is largely regarded as desirable, will meet with ...
... some form of integration, one which brings the nation states within an overarching system of shared values. I do not mean here integration as political union on a transnational scale. This is a far-reaching goal, the achievement of which, even if it is largely regarded as desirable, will meet with ...
The Judicial Legacy of Louis Brandeis and the Nature of American
... to use their expertise,25 and adhering strictly to the jurisdictional limits that confined the reach of the federal courts.26 “[T]he most important thing we do,” he famously told Felix Frankfurter, “is not doing.”27 Brandeis not only urged that both policy and discretion frequently counseled restrai ...
... to use their expertise,25 and adhering strictly to the jurisdictional limits that confined the reach of the federal courts.26 “[T]he most important thing we do,” he famously told Felix Frankfurter, “is not doing.”27 Brandeis not only urged that both policy and discretion frequently counseled restrai ...
Has the Supreme Court Allowed the Cure for De Jure Segregation to
... Court suggests the harm is an amorphous stigma; and, on the other, the Court suggests the harm is tangible. I will argue that the Supreme Court's dejure segregation jurisprudence is generally consistent with these two notions about the harms resulting from de jure segregation. When, as the Court has ...
... Court suggests the harm is an amorphous stigma; and, on the other, the Court suggests the harm is tangible. I will argue that the Supreme Court's dejure segregation jurisprudence is generally consistent with these two notions about the harms resulting from de jure segregation. When, as the Court has ...
Capturing the Future: Earl Warren and Supreme Court History
... 9. Another prominent example is federalism's oscillations between constitutional extremities-preservation and destruction--o encapsulate differing visions of the relationships between state and national powers. Justice Brandeis envisaged a "federal system [where] a single courageous State may, if it ...
... 9. Another prominent example is federalism's oscillations between constitutional extremities-preservation and destruction--o encapsulate differing visions of the relationships between state and national powers. Justice Brandeis envisaged a "federal system [where] a single courageous State may, if it ...
View/Open
... the Legislative Council regulates its members' recruiting activities. Although TSSAA's staff members do not receive a paycheck from the State of Tennessee, the state provides for their membership in a pub37 lic retirement fund established for state employees. In 1925, the Tennessee State Board of Ed ...
... the Legislative Council regulates its members' recruiting activities. Although TSSAA's staff members do not receive a paycheck from the State of Tennessee, the state provides for their membership in a pub37 lic retirement fund established for state employees. In 1925, the Tennessee State Board of Ed ...
chapter 1 - Pearson Education
... Chapter Goals and Learning Objectives To know where you are and where you are going, it is useful to know where you have been or where you come from. Probably one of the questions you ask a classmate on the first day of class is, “Where are you from?” To better know and understand a person, you want ...
... Chapter Goals and Learning Objectives To know where you are and where you are going, it is useful to know where you have been or where you come from. Probably one of the questions you ask a classmate on the first day of class is, “Where are you from?” To better know and understand a person, you want ...
The Perils of Popularity: David Josiah Brewer and the Politics of
... moved these activities to a national stage, and it was his off-the-bench opinions rather than his judicial decisions that caught the attention of the American public. When Brewer died suddenly at age seventy-two on March 27, 1910, obituaries in the nation’s leading newspapers not only remembered him ...
... moved these activities to a national stage, and it was his off-the-bench opinions rather than his judicial decisions that caught the attention of the American public. When Brewer died suddenly at age seventy-two on March 27, 1910, obituaries in the nation’s leading newspapers not only remembered him ...
Rights at Risk in Wartime
... D. What values and principles are basic to American constitutional democracy? III. How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government establi ...
... D. What values and principles are basic to American constitutional democracy? III. How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government establi ...
The Hazards of Proposals to Limit the Tenure of
... HE secure tenure of federal judges, who receive lifetime appointments and who have been removed only through the rare and cumbersome process of impeachment, has vexed hostile critics of the federal judiciary since the earliest days of the Republic. During recent years, even proponents of lifetime te ...
... HE secure tenure of federal judges, who receive lifetime appointments and who have been removed only through the rare and cumbersome process of impeachment, has vexed hostile critics of the federal judiciary since the earliest days of the Republic. During recent years, even proponents of lifetime te ...
inter-american court of human rights
... […], nor have the premises of the union been surrendered to the workers […] and […] the plots of land in La Molina which were donated to the union for a housing program have not been adjudicated and registered […].” In submitting the case, the Commission stated that “it expresses its satisfaction ov ...
... […], nor have the premises of the union been surrendered to the workers […] and […] the plots of land in La Molina which were donated to the union for a housing program have not been adjudicated and registered […].” In submitting the case, the Commission stated that “it expresses its satisfaction ov ...
CLoSA Draft Chapter 34 Limitations
... The rights entrenched in this Chapter may be limited by law of general application, provided that such limitation--(a) shall be permissible only to the extent that it is--(i) reasonable; and (ii) justifiable in an open and democratic society based upon freedom and equality; and (b) shall not negate ...
... The rights entrenched in this Chapter may be limited by law of general application, provided that such limitation--(a) shall be permissible only to the extent that it is--(i) reasonable; and (ii) justifiable in an open and democratic society based upon freedom and equality; and (b) shall not negate ...
a shining city on a hill
... country that has developed, in the centuries since the Revolutionary War – and with increasing speed since the United Kingdom’s recent submission to the jurisprudence of European courts dominated by continental jurists – a legal, political, and social culture quite different from our own.” 7 This ta ...
... country that has developed, in the centuries since the Revolutionary War – and with increasing speed since the United Kingdom’s recent submission to the jurisprudence of European courts dominated by continental jurists – a legal, political, and social culture quite different from our own.” 7 This ta ...
Property Rights in the Balance
... balancing process, for instance, the fourth amendment's prohibition only of "unreasonable" searches and seizures. 11. "[T]hat the law shall not be unreasonable, arbitrary or capricious, and that the means ...
... balancing process, for instance, the fourth amendment's prohibition only of "unreasonable" searches and seizures. 11. "[T]hat the law shall not be unreasonable, arbitrary or capricious, and that the means ...
Advisory Opinion
... confer upon the General Assembly a very broad power to discuss matters within the scope of the activities of the United Nations, including questions relating to international peace and security. That power is not limited by the responsibility for the maintenance of international peace and security w ...
... confer upon the General Assembly a very broad power to discuss matters within the scope of the activities of the United Nations, including questions relating to international peace and security. That power is not limited by the responsibility for the maintenance of international peace and security w ...
Constitutional Court of Thailand
The Constitutional Court (Thai: ศาลรัฐธรรมนูญ; rtgs: San Rattha Thammanun; Thai pronunciation: [sǎːn•rat•tʰà•tʰam•má•nuːn]) is an independent Thai court originally founded under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties. The current court was established by the 2007 Constitution and is part of the judicial branch of the Thai national government.The court, along with the 1997 Constitution, was dissolved and replaced by a Constitutional Tribunal in 2006 following the coup d'État. While the Constitutional Court had 15 members, 7 from the judiciary and 8 selected by a special panel, the Constitution Tribunal had 9 members, all from the judiciary. A similar institution, consisting of 9 members, was again established by the 2007 Constitution.The Constitutional Court has provoked much public debate, both regarding the court's jurisdiction and composition as well as the initial selection of justices. A long-standing issue has been the degree of control exerted by the judiciary over the court.The decisions of the court are final and inappealable. The decisions also bind every state organ, including the National Assembly, the Council of Ministers and other courts.The various versions of the court have made several significant decisions. These included the 1999 decision that deputy minister of agriculture Newin Chidchop could retain his cabinet seat after being sentenced to imprisonment for defamation, the 2001 acquittal of Thaksin Shinawatra for filing an incomplete statement regarding his wealth, with the National Anti-Corruption Commission, the 2003 invalidation of Jaruvan Maintaka appointment as auditor-general, the 2007 dissolution of the Thai Rak Thai political party, and the 2014 removal of prime minister Yingluck Shinawatra from office.