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Constitutional Law

Selected Works

2011

Democracy

Articles 1 - 3 of 3

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Money And Rights, Deborah Hellman Dec 2010

Money And Rights, Deborah Hellman

Deborah Hellman

This chapter looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.

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Models Of Subnational Constitutionalism, Jonathan Marshfield Dec 2010

Models Of Subnational Constitutionalism, Jonathan Marshfield

Jonathan Marshfield

This article considers an overlooked issue of constitutional design. Some federal systems decentralize law-making and administrative power without allowing subnational governments to adopt their own constitutions that structure or limit subnational power. Other federal systems allow subnational units some discretion in structuring and limiting their powers by adopting subnational constitutions. Although scholars and constitution-makers have developed various theories regarding the utilities of decentralizing law-making and administrative powers, they have not separately considered the utilities or normative justifications for decentralizing constitutional choices. This Article takes up that important but neglected question. The goal is to move towards a systematization and critical …

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Money And Rights, Deborah Hellman Dec 2010

Money And Rights, Deborah Hellman

Deborah Hellman

This article looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.

Go to article