Is Moral Relativism a Constitutional Command?
... academic proponents of moralist legislation are unwilling to confront the logical consequence of a virtually unrestrained "moral" political process: that constitutional theory must become the servant of political power. Part III addresses the deeper conflict in democratic theory that underlies the C ...
... academic proponents of moralist legislation are unwilling to confront the logical consequence of a virtually unrestrained "moral" political process: that constitutional theory must become the servant of political power. Part III addresses the deeper conflict in democratic theory that underlies the C ...
CLoSA Draft Chapter 34 Limitations
... The limitation clause has a four-fold purpose. First, it functions as a reminder that the rights enshrined in the Final Constitution are not absolute.2 The rights may be limited where the restrictions can satisfy the test laid out in the limitation clause.3 Secondly, the limitation clause tells us t ...
... The limitation clause has a four-fold purpose. First, it functions as a reminder that the rights enshrined in the Final Constitution are not absolute.2 The rights may be limited where the restrictions can satisfy the test laid out in the limitation clause.3 Secondly, the limitation clause tells us t ...
lochner, liberty of contract, and paternalism
... Chapman & McConnell, supra note__ at 1793-94. See also, Frohnen, supra note___ at 531 (suggesting the contention that the Constitution necessarily protects natural rights to “life, liberty and the pursuit of happiness” as a Lockean formulation that is highly protective of property rights, constitute ...
... Chapman & McConnell, supra note__ at 1793-94. See also, Frohnen, supra note___ at 531 (suggesting the contention that the Constitution necessarily protects natural rights to “life, liberty and the pursuit of happiness” as a Lockean formulation that is highly protective of property rights, constitute ...
COSTS OF CODIFICATION - University of Illinois Law Review
... that the statute in question purports to be valid legislation. Codification changes things on the receiving end of the law as well. For the courts, codification usually means a shift toward specific rules rather than vague standards, so an individual statute should have less ambiguity to interpret. ...
... that the statute in question purports to be valid legislation. Codification changes things on the receiving end of the law as well. For the courts, codification usually means a shift toward specific rules rather than vague standards, so an individual statute should have less ambiguity to interpret. ...
Due Process as Separation of Powers
... understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was a court’s role to do so pursuant to established and general law. This principle was applied against insufficiently general and prospective legislative acts und ...
... understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was a court’s role to do so pursuant to established and general law. This principle was applied against insufficiently general and prospective legislative acts und ...
Due Process as Separation of Powers
... understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was a court’s role to do so pursuant to established and general law. This principle was applied against insufficiently general and prospective legislative acts und ...
... understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was a court’s role to do so pursuant to established and general law. This principle was applied against insufficiently general and prospective legislative acts und ...
Currie 9 (2002)
... judicial review. ii. Establishes judicial review of executive/administrative actions (dicta) 1. Marbury has right to commission—right is vested b/c “all that had to be done was done.” a. But what about delivery; e.g., for a deed to be effective, it has to be signed, sealed, and delivered? 2. Sec’y o ...
... judicial review. ii. Establishes judicial review of executive/administrative actions (dicta) 1. Marbury has right to commission—right is vested b/c “all that had to be done was done.” a. But what about delivery; e.g., for a deed to be effective, it has to be signed, sealed, and delivered? 2. Sec’y o ...
Constitution of the Portuguese Republic
... 2. The state is subject to the Constitution and is based on democratic legality. 3. The validity of laws and other acts of the state, the autonomous regions, local government and any other public entities is dependent on their conformity with the Constitution. ...
... 2. The state is subject to the Constitution and is based on democratic legality. 3. The validity of laws and other acts of the state, the autonomous regions, local government and any other public entities is dependent on their conformity with the Constitution. ...
Martin Loughlin and Neil Walker, eds., The Paradox of
... Lucien Jaume, Constituent Power in France: The Revolution and Its Consequences, in THE PARADOX OF CONSTITUTIONALISM, supra note 4, at 67. ...
... Lucien Jaume, Constituent Power in France: The Revolution and Its Consequences, in THE PARADOX OF CONSTITUTIONALISM, supra note 4, at 67. ...
View PDF - Notre Dame Law Review
... government. Most of the time the relevant conduct will consist of acts within U.S. territory, but this will not be true all of the time. Of course, this proposed rule of decision is consistent with Kiobel’s holding which conceded that the presumption against extraterritorial application might be “di ...
... government. Most of the time the relevant conduct will consist of acts within U.S. territory, but this will not be true all of the time. Of course, this proposed rule of decision is consistent with Kiobel’s holding which conceded that the presumption against extraterritorial application might be “di ...
Document
... consent was required as a constit convention. forced feds to negotiate with provs. (compare with Haida case where substantial degree of consulting was also required) o Quebec not given a veto by the courts where an amendment would require Quebec’s agreement. Change to Amendment formula with Region ...
... consent was required as a constit convention. forced feds to negotiate with provs. (compare with Haida case where substantial degree of consulting was also required) o Quebec not given a veto by the courts where an amendment would require Quebec’s agreement. Change to Amendment formula with Region ...
Persons and citizens in constitutional thought
... The ideas of citizenship and personhood have an ambiguous relationship in constitutional thought. Often, they are understood as aligned, even as identical. Claims for “equal citizenship” and “democratic citizenship” are, in effect, claims on behalf of the rights and recognition of individuals qua pe ...
... The ideas of citizenship and personhood have an ambiguous relationship in constitutional thought. Often, they are understood as aligned, even as identical. Claims for “equal citizenship” and “democratic citizenship” are, in effect, claims on behalf of the rights and recognition of individuals qua pe ...
for publication
... facts of this case.4 We limit our discussion of Mrs. Jurich’s argument to Article I, Section 12 of the Indiana Constitution and will not address Article I, Section 23, keeping in mind that we should not “formulate a rule of constitutional law broader than is required by the precise facts at issue.” ...
... facts of this case.4 We limit our discussion of Mrs. Jurich’s argument to Article I, Section 12 of the Indiana Constitution and will not address Article I, Section 23, keeping in mind that we should not “formulate a rule of constitutional law broader than is required by the precise facts at issue.” ...
Athenian Democracy and Legal Change
... chairman (epistates), and a third of the prytany would remain on duty for the entire 24-hour period. From the time of Ephialtes (c. 463/2) until early in the fourth century, the prytany and the chairman would preside at meetings of the Council and of the Assembly. Both citizens and noncitizens could ...
... chairman (epistates), and a third of the prytany would remain on duty for the entire 24-hour period. From the time of Ephialtes (c. 463/2) until early in the fourth century, the prytany and the chairman would preside at meetings of the Council and of the Assembly. Both citizens and noncitizens could ...
The Subjects of the Constitution
... question that has been almost universally overlooked. The fundamental question, from which all else follows, is the who question: who has violated the Constitution? As judicial review is practiced today, courts skip over this bedrock question to get to the more familiar question: how was the Constit ...
... question that has been almost universally overlooked. The fundamental question, from which all else follows, is the who question: who has violated the Constitution? As judicial review is practiced today, courts skip over this bedrock question to get to the more familiar question: how was the Constit ...
Advisory Opinion
... opinion exists “so as to protect the integrity of the Court’s judicial function and its nature as the principal judicial organ of the United Nations”. At this point, the Court gives careful consideration as to whether, in the light of its previous jurisprudence, there are compelling reasons for it t ...
... opinion exists “so as to protect the integrity of the Court’s judicial function and its nature as the principal judicial organ of the United Nations”. At this point, the Court gives careful consideration as to whether, in the light of its previous jurisprudence, there are compelling reasons for it t ...
Constitutional Showdowns - Chicago Unbound
... court-made doctrine.”). Our definition draws on Spiro’s but generalizes it to a broader range of constitutional settings. ...
... court-made doctrine.”). Our definition draws on Spiro’s but generalizes it to a broader range of constitutional settings. ...
the constitutional court of the republic of lithuania
... Section II of the fact-establishing part of this ruling of the Constitutional Court) that, while substantiating its position, the petitioner quotes the Constitutional Court’s ruling of 21 December 2000, namely the official constitutional doctrine of freedom of associations formulated therein, whereb ...
... Section II of the fact-establishing part of this ruling of the Constitutional Court) that, while substantiating its position, the petitioner quotes the Constitutional Court’s ruling of 21 December 2000, namely the official constitutional doctrine of freedom of associations formulated therein, whereb ...
read or this chapter
... immigration, vehicle licensing, state tendering procedures, land-use planning or civil aviation. The AJA is general administrative law. This means, first, that it applies to and binds the entire administration at all levels of government — national, provincial and local. It provides a set of general ...
... immigration, vehicle licensing, state tendering procedures, land-use planning or civil aviation. The AJA is general administrative law. This means, first, that it applies to and binds the entire administration at all levels of government — national, provincial and local. It provides a set of general ...
Constitutional Incorporation - DigitalCommons@UM Carey Law
... said to include a constitutional principle that has a close federal analog, the institutional question arises regarding whether the state court should defer to a prior interpretation of the parallel federal provision by the U.S. Supreme Court.7 Interpretive questions are also presented in these case ...
... said to include a constitutional principle that has a close federal analog, the institutional question arises regarding whether the state court should defer to a prior interpretation of the parallel federal provision by the U.S. Supreme Court.7 Interpretive questions are also presented in these case ...
WHY AND HOW TO TEACH FEDERAL COURTS
... they are excited by Federal Courts, or that it has challenged them more than any other course, what should I say? Should I tell them no, they should not be excited, that if the course exhibits a façade of intellectual depth, it is only a façade? This has been among my pedagogical anxieties. C. The M ...
... they are excited by Federal Courts, or that it has challenged them more than any other course, what should I say? Should I tell them no, they should not be excited, that if the course exhibits a façade of intellectual depth, it is only a façade? This has been among my pedagogical anxieties. C. The M ...
Unenumerated Rights Under Popular Constitutionalism
... the content of the rule of recognition in the American legal system. Then we have what I shall call the "correct-readings" debates. Suppose it is settled that CUS is the only constitution we have. CUS contains prohibitions against state-authored deprivations of life, liberty, and property without du ...
... the content of the rule of recognition in the American legal system. Then we have what I shall call the "correct-readings" debates. Suppose it is settled that CUS is the only constitution we have. CUS contains prohibitions against state-authored deprivations of life, liberty, and property without du ...
1 | Page 1. PRELIMINARIES 1.1. NAME 1.2. DEFINITIONS IN
... 4.3. Composition and specific responsibilities 4.3.1. The Council shall consist of the following Representatives: 4.3.1.1. President who shall be responsible for: (a) At Association Meetings, chairing or ensuring that a replacement chair is elected by the meeting. (b) Being a signatory to the releas ...
... 4.3. Composition and specific responsibilities 4.3.1. The Council shall consist of the following Representatives: 4.3.1.1. President who shall be responsible for: (a) At Association Meetings, chairing or ensuring that a replacement chair is elected by the meeting. (b) Being a signatory to the releas ...
How To Interpret the Constitution (and How Not To)
... Supreme Court at the Bar of Politics (1962), which remains the most eloquent, and best liberal defense of a moderately activist role for the Supreme Court in molding the Constitution, and must be ranked a very good book about the Constitution (which stars in a supporting role only); John Hart Ely’s ...
... Supreme Court at the Bar of Politics (1962), which remains the most eloquent, and best liberal defense of a moderately activist role for the Supreme Court in molding the Constitution, and must be ranked a very good book about the Constitution (which stars in a supporting role only); John Hart Ely’s ...
Exclusion is Forever: How Keeping Rights to Strike, Picket, and
... to labour union conduct two bodies of federal law that had been a mainstay of federal judicial involvement in labour matters: the Sherman Antitrust Act, and the Constitution. In each case, the Court held that the presence, post-1935, of comprehensive administered labour law under the National Labour ...
... to labour union conduct two bodies of federal law that had been a mainstay of federal judicial involvement in labour matters: the Sherman Antitrust Act, and the Constitution. In each case, the Court held that the presence, post-1935, of comprehensive administered labour law under the National Labour ...
Constitutional Council (France)
The Constitutional Council (French: Conseil Constitutionnel; French pronunciation: [kɔ̃sɛj kɔ̃stitysjɔˈnɛl]) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution be upheld.Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic (a priori review); since 1 March 2010, individual citizens party to a trial or lawsuit can also ask for the Council to review whether the law applied in the case is constitutional. In 1971, the Council ruled that conformity with the Constitution entails conformity with two texts referred to by the preamble of that constitution: the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, both of which list constitutional rights (e.g., freedom of speech).