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Articles 1 - 5 of 5
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A Review Of Constitutional Theocracy, By Ran Hirschl, Sadia Saeed
A Review Of Constitutional Theocracy, By Ran Hirschl, Sadia Saeed
Indiana Journal of Global Legal Studies
No abstract provided.
Abuse Of Power And Corruption In Kenya: Will The New Constitution Enhance Government Accountability, Migai Akech
Abuse Of Power And Corruption In Kenya: Will The New Constitution Enhance Government Accountability, Migai Akech
Indiana Journal of Global Legal Studies
This article suggests that corruption in the Kenyan government is largely an institutional problem, rather than a cultural one. It attributes such corruption to the predominance of arbitrary power, especially in the statutory (as opposed to constitutional) order. The statutory order grants executive, legislative, and judicial actors broad powers without establishing effective procedural mechanisms to circumscribe their exercise. In the absence of effective regulation, law often aids the abuse of power and corruption. Although the new constitution establishes principles and mechanisms that may enhance government accountability, the statutory order must be aligned with the values and principles of this new …
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
Indiana Journal of Global Legal Studies
"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Indiana Journal of Global Legal Studies
Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …