Semantic Originalism, Draft 56
... interpretation articulated by Justice Scalia in the Opinion of the Court in District of Columbia v. Heller focuses on “original public meaning”: in other words, Heller’s theory of constitutional meaning is originalist. This Article offers a theory of constitutional meaning that that provides a theor ...
... interpretation articulated by Justice Scalia in the Opinion of the Court in District of Columbia v. Heller focuses on “original public meaning”: in other words, Heller’s theory of constitutional meaning is originalist. This Article offers a theory of constitutional meaning that that provides a theor ...
Essential-Federalist-Papers
... need of particular reservations, "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." Here is a better recognition of popular rights than volumes of those aphorisms which ...
... need of particular reservations, "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." Here is a better recognition of popular rights than volumes of those aphorisms which ...
Popular Constitutionalism, Ancient and Modern
... Friedman has discerned “a tacit deal” whereby the American People accept the practice of judicial review on the condition that the courts interpret and apply the Constitution over time in a manner that at least roughly aligns with the views of most citizens.16 I shall classify such theories as “mode ...
... Friedman has discerned “a tacit deal” whereby the American People accept the practice of judicial review on the condition that the courts interpret and apply the Constitution over time in a manner that at least roughly aligns with the views of most citizens.16 I shall classify such theories as “mode ...
Unconstitutional Constitutional Amendments
... This thesis concerns the nature and scope of the power to amend constitutions. ‘Constitution’, in this thesis, is used to denote the narrow sense of the term, i.e. the cluster of supreme principles and rules, typically set in a written legal document (or a set of such documents), which establish and ...
... This thesis concerns the nature and scope of the power to amend constitutions. ‘Constitution’, in this thesis, is used to denote the narrow sense of the term, i.e. the cluster of supreme principles and rules, typically set in a written legal document (or a set of such documents), which establish and ...
Document
... the obligations constituted by a treaty, using that word as comprising any agreement between two or more sovereign States. Within the British Empire there is a well-established rule that the making of a treaty is an Executive act, while the performance of its obligations, if they entail alteration o ...
... the obligations constituted by a treaty, using that word as comprising any agreement between two or more sovereign States. Within the British Empire there is a well-established rule that the making of a treaty is an Executive act, while the performance of its obligations, if they entail alteration o ...
Balancing Power in Democracy: A philosophical Analysis of Popular
... The concept of the commonwealth as made up by the people, introduced to the medieval ages by thinkers such as Cicero and Senecca, though, was more to the advantage of the king then, who became the titular representative of the people and the repository of the people’s authority.16 The enlightenment ...
... The concept of the commonwealth as made up by the people, introduced to the medieval ages by thinkers such as Cicero and Senecca, though, was more to the advantage of the king then, who became the titular representative of the people and the repository of the people’s authority.16 The enlightenment ...
CERTIFIED TRANSLATION
... not to amend the Articles of Confederation, but to create a new national government with its own government branches. Id. In adopting this new system, they conceived a uniform national system and rejected the idea that the United States was a group of independent nations. Id. To the contrary, they c ...
... not to amend the Articles of Confederation, but to create a new national government with its own government branches. Id. In adopting this new system, they conceived a uniform national system and rejected the idea that the United States was a group of independent nations. Id. To the contrary, they c ...
Judicial Review Standards in Unicameral Legislative Systems: A
... one. 9 At least twelve other states considered unicameralism prior to 1920 in some official capacity.2 ° All totaled, over one-third of the states had accorded official consideration to unicameralism prior to 1920. Nonetheless, all proposals for reform were defeated. In perhaps the closest loss of t ...
... one. 9 At least twelve other states considered unicameralism prior to 1920 in some official capacity.2 ° All totaled, over one-third of the states had accorded official consideration to unicameralism prior to 1920. Nonetheless, all proposals for reform were defeated. In perhaps the closest loss of t ...
The role of the constitutional court in the consolidation of the rule of
... under a weakened monarchy or in the context of a newly-created Republic. In the United States, constitutional justice has always meant, from Marbury vs. Madison on, "diffuse" judicial view of legislation. Each judge is enabled not to apply in the case with which he is dealing a statute or any other ...
... under a weakened monarchy or in the context of a newly-created Republic. In the United States, constitutional justice has always meant, from Marbury vs. Madison on, "diffuse" judicial view of legislation. Each judge is enabled not to apply in the case with which he is dealing a statute or any other ...
James Wilson`s Theory of Constitutional Interpretation
... This chapter examines the three different schools of constitutional interpretation so that they can be understood and applied to James Wilson’s own writings. The first section of the literature review focuses on the natural law theory. Here, Hadley Arkes provides a theory of constitutional interpre ...
... This chapter examines the three different schools of constitutional interpretation so that they can be understood and applied to James Wilson’s own writings. The first section of the literature review focuses on the natural law theory. Here, Hadley Arkes provides a theory of constitutional interpre ...
Gillian E. Metzger Much has changed in constitutional law since
... constitutional avoidance canons. Addressing these concerns through ordinary administrative law preserves a degree of flexibility that better accommodates changing regulatory needs and Congress’ primacy in structuring government than more immutable constitutional law prescriptions, and is also more l ...
... constitutional avoidance canons. Addressing these concerns through ordinary administrative law preserves a degree of flexibility that better accommodates changing regulatory needs and Congress’ primacy in structuring government than more immutable constitutional law prescriptions, and is also more l ...
Constitutional Culture, Social Movement Conflict and the
... diffuse threats to the status quo. When constitutional culture can harness the energies of social conflict, agents of deeply agonistic views remain engaged in constitutional dispute, speaking through the Constitution rather than against it. On the traditional account there is one avenue for mobilize ...
... diffuse threats to the status quo. When constitutional culture can harness the energies of social conflict, agents of deeply agonistic views remain engaged in constitutional dispute, speaking through the Constitution rather than against it. On the traditional account there is one avenue for mobilize ...
Do US Courts Discriminate Against Treaties?
... I. OPPOSITION To NON-SELF-EXECUTION While scholars often cast their opposition to non-self-execution in sweeping terms, antagonism toward non-self-execution is a matter of 9. See infra Part II (discussing various responses to equivalence principle). ...
... I. OPPOSITION To NON-SELF-EXECUTION While scholars often cast their opposition to non-self-execution in sweeping terms, antagonism toward non-self-execution is a matter of 9. See infra Part II (discussing various responses to equivalence principle). ...
Chapter One: Federalism and Minorities Protection: Theoretical
... This would mean that neither decentralized forms of government in which regional political units are subjects of the central government nor confederations which grant all significant decision making powers for the separate units are under the scope of federalism. Even though it is relatively an easy ...
... This would mean that neither decentralized forms of government in which regional political units are subjects of the central government nor confederations which grant all significant decision making powers for the separate units are under the scope of federalism. Even though it is relatively an easy ...
Individual Liberty and Political Institutions
... criterion cannot be derived from the idea of private autonomy itself, because, as argued above, the notion of private autonomy has meaning only relative to a given system of rules and, thus, cannot be used as a standard against which the system of rules that define it can itself be judged. As noted ...
... criterion cannot be derived from the idea of private autonomy itself, because, as argued above, the notion of private autonomy has meaning only relative to a given system of rules and, thus, cannot be used as a standard against which the system of rules that define it can itself be judged. As noted ...
Progressive and Conservative Constitutionalism
... and vices of various forms of social and private power and authority, and hence the wisdom of using state power - through either the legislative, executive, or judicial branch - to upset them. This is the sense in which the questions - and not just the answers - of constitutional discourse have been ...
... and vices of various forms of social and private power and authority, and hence the wisdom of using state power - through either the legislative, executive, or judicial branch - to upset them. This is the sense in which the questions - and not just the answers - of constitutional discourse have been ...
Settled Versus Right: Constitutional Method and the Path of Precedent
... method. Judicial opinions and scholarly commentary have yielded welltheorized accounts of certain consequences of departing from precedent, including the disruption of settled expectations. But even an exhaustive analysis of those effects would be inadequate because they deal only with the importanc ...
... method. Judicial opinions and scholarly commentary have yielded welltheorized accounts of certain consequences of departing from precedent, including the disruption of settled expectations. But even an exhaustive analysis of those effects would be inadequate because they deal only with the importanc ...
The Supremacy Clause, Original Meaning, and Modern Law
... or judicial assessments of federal interests lacking constitutional or statutory grounding. 12 On the other hand, federal interests that do come within the Clause's text are supreme and thus displace state law without qualification (a point that, in the case of treaties, remains substantially in dou ...
... or judicial assessments of federal interests lacking constitutional or statutory grounding. 12 On the other hand, federal interests that do come within the Clause's text are supreme and thus displace state law without qualification (a point that, in the case of treaties, remains substantially in dou ...
Scrutiny or Secrecy - Parliament of Australia
... main parties share the privileges and responsibilities of managing what some regard as parliament’s most sensitive committees. Consensus, rather than dissent and rigorous questioning, is the normal modus operandi. As a result, difficult questions about the rights and wrongs of certain foreign policy ...
... main parties share the privileges and responsibilities of managing what some regard as parliament’s most sensitive committees. Consensus, rather than dissent and rigorous questioning, is the normal modus operandi. As a result, difficult questions about the rights and wrongs of certain foreign policy ...
The European Union: a democratic institution?
... the commitment to political equality did not extend sufficiently into the economic realm, stopping at equality of opportunity – well short of equality of outcome. Seeking to reconnect democracy with more radical conceptions of the term, many such critics were behind the rise of alternative political ...
... the commitment to political equality did not extend sufficiently into the economic realm, stopping at equality of opportunity – well short of equality of outcome. Seeking to reconnect democracy with more radical conceptions of the term, many such critics were behind the rise of alternative political ...
Originalism, The Declaration of Independence and the Constitution:
... ratified to preserve. Thus, the Constitution, although allowing slavery, was ratified with a view towards its gradual elimination. Other, more radical abolitionists took the view that the Declaration had abolished slavery–made it illegal–or at least rendered it unconstitutional for the Federal Gover ...
... ratified to preserve. Thus, the Constitution, although allowing slavery, was ratified with a view towards its gradual elimination. Other, more radical abolitionists took the view that the Declaration had abolished slavery–made it illegal–or at least rendered it unconstitutional for the Federal Gover ...
How to Choose a Constitutional Theory
... Theories that are predominantly text-based rest their claim to acceptance on their fit with, or their capacity to explain, the written Constitution. A clear example is originalism, which calls for the Constitution to be interpreted in accordance with the "original understanding" of those who wrote a ...
... Theories that are predominantly text-based rest their claim to acceptance on their fit with, or their capacity to explain, the written Constitution. A clear example is originalism, which calls for the Constitution to be interpreted in accordance with the "original understanding" of those who wrote a ...
View Full Article - University of Pennsylvania Law Review
... may have deferred conflict over highly divisive questions, unresolved in the Constitution’s text, until the Union could better withstand the shock of their resolution. Without Article V, therefore, there might today be eulogies rather than encomia for the constitutional text that was adopted in 1787 ...
... may have deferred conflict over highly divisive questions, unresolved in the Constitution’s text, until the Union could better withstand the shock of their resolution. Without Article V, therefore, there might today be eulogies rather than encomia for the constitutional text that was adopted in 1787 ...
Preliminary Joint Opinion on the Draft Law on Introduction of
... 12. The 2010 Constitution of the Kyrgyz Republic was drafted and adopted by referendum in June 2010. At the time, the Venice Commission and the OSCE/ODIHR had supported the process of amending the 2007 Constitution, and on 8 June 2010, the Venice Commission issued an Opinion on the Draft Constitutio ...
... 12. The 2010 Constitution of the Kyrgyz Republic was drafted and adopted by referendum in June 2010. At the time, the Venice Commission and the OSCE/ODIHR had supported the process of amending the 2007 Constitution, and on 8 June 2010, the Venice Commission issued an Opinion on the Draft Constitutio ...
RTF format
... success".9 The rationale behind this requirement is to prevent the laying of spurious charges. Whether or not a case would actually be winnable in court is the domain of the judiciary and not the prosecutors. That decision depends on the evidence presented to the court under cross-examination, where ...
... success".9 The rationale behind this requirement is to prevent the laying of spurious charges. Whether or not a case would actually be winnable in court is the domain of the judiciary and not the prosecutors. That decision depends on the evidence presented to the court under cross-examination, where ...