Contesting constitutional meaning: The political Constitution and the myth of judicial supremacy.In the last decade a lively debate about "extrajudicial" constitutional interpretation has broken out among constitutional scholars. And while this debate has insisted upon the centrality of nonjudicial ...
the 1996 Constitution was formulated and the text of the Constitution itself, it is argued that this is essentially a Rechtsstaat Constitution, but that the divergence in the range of constitutional values creates the danger of the constitutional state floundering in the waters of the social state....
Their tales increasingly became a victory narrative about the nation’s overall triumph against the racial revolutions and constitutional transformations of Reconstruction. The defeat of Black civil and political rights and, for some, even the terrorist violence it took to accomplish the white Southern ...
it draws on recent legal scholarship, the few rules that can be gleaned from Supreme Court precedent, and general principles of constitutional law. It concludes that under current law, the president lacks any authority to declare martial law. Congress might be able to authorize a presidential d...
He was right to do so: The 1963 constitutional provision was designed to convert pension promises into contractual obligations so that a city like Detroit cannot arbitrarily decide to renege on them. There is no evidence, however, that Michigan lawmakers intended to give pension promises a higher...
In 1896, the Supreme Court ruled inPlessy v. Fergusonthat segregation was constitutional. The ruling established the idea of “separate but equal.” The case involved a mixed-race man who was forced to sit in the Black-designated train car under Louisiana’s Separate Car Act. ...
island states, no election verdict, no constitutional custom or habit, no parliament’s decision, no ordinary citizen’s commonplaceprerogativeis safe from an intrusive America whose caprices and policies are neither fairer, nor more predictable, nor more morally conscionable than the vagaries of ...
Another form of state participation as such in the executive sphere is the constitutional right of the U.S. Senate to advise on and consent to presidential appointments. In Switzerland the president and the Federal Council are elected by the two houses of the legislature; hence the cantons have...
Limiting Constitutional Rights First, both opponents and proponents of judicial review have overlooked the important role that this near-universal power plays in rendering modern systems ... Stephen Gardbaum - 《Ucla Law Review.university of California Los Angeles.school of Law》 被引量: 23发表: ...
"The whole history of America since World War II caused an inertial transfer of power toward the executive branch. The monopoly on use of nuclear weaponry, the cult of the commander in chief, the worldwide network of military bases to maintain nuclear alert and supremacy, the secret intelligenc...