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Full-Text Articles in Law
The People Against The Constitution, Aziz Z. Huq
The People Against The Constitution, Aziz Z. Huq
Michigan Law Review
A review of Jan-Werner Müller, What Is Populism?.
Takeover: German Reunification Under A Magnifying Glass, Mathias Reimann
Takeover: German Reunification Under A Magnifying Glass, Mathias Reimann
Michigan Law Review
My first personal experience with the unification of my home country was an unlikely encounter in an unlikely place. In July 1990, I was strolling across the Ponte Vecchio in Florence when I saw something so bizarre that it stopped me in my tracks. At the southern end of the bridge, deep in the pedestrian zone - off limits to automobiles - and right in the middle of the tourist crowd, was a lonely car, occupied by four obviously disoriented people. It was not just any car but a small, drab, and amusingly antiquated vehicle puffing bluish smoke from a …
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper
Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper
Michigan Law Review
A Review of Judicial Review in the Contemporary World by Mauro Cappellitti