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Full-Text Articles in Law
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini
Brian Gallini
Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal
Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal
Lawrence Rosenthal
This essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making the case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash.