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Full-Text Articles in Law
Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr
Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr
Claremont-UC Undergraduate Research Conference on the European Union
This paper critically examines the legal systems of European countries and their relationship to press freedom, particularly the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Although the issue is global, this research analyzes the issue through the lens of Greece, Italy, and Hungary. As member states, each one of these countries has an obligation to uphold the democratic standards put forth by the EU. Journalists are a vital aspect of the democratic process …
Illiberalism And Authoritarianism In The American States, James A. Gardner
Illiberalism And Authoritarianism In The American States, James A. Gardner
Journal Articles
Federalism contemplates subnational variation, but in the United States the nature and significance of that variation has long been contested. In light of the recent turn, globally and nationally, toward authoritarianism, and the concurrent sharp decline in public support not merely for democracy but for the philosophical liberalism on which democracy rests, it is necessary to discard or to substantially revise prior accounts of the nature of state-to-state variation in the U.S. All such accounts implicitly presuppose a common commitment, across the political spectrum, to the core tenets of democratic liberalism, and consequently that subnational variations in policy preferences and …
Constitution-Making Gone Wrong, David Landau
Constitution-Making Gone Wrong, David Landau
Scholarly Publications
With the recent wave of regime change in the Middle East, the process of constitution-making must again become a central concern for those interested in comparative law and politics. The conception of constitutional politics associated with Jon Elster and Bruce Ackerman views constitution-making as a potentially higher form of lawmaking with different dynamics than ordinary politics and states that, ideally, constitution-making should be designed so as to be a relatively deliberative process where the role of group and institutional interests is deemphasized. I argue that a focus on achieving deliberation and transformation through constitution-making is unrealistic in certain situations and …
Árbol Genealógico Del Consejo De Estado: El Constitucionalismo Autoritario En Nuestra Historia, Fernando Muñoz
Árbol Genealógico Del Consejo De Estado: El Constitucionalismo Autoritario En Nuestra Historia, Fernando Muñoz
Fernando Muñoz
An appeal to prestige and experience creates a historical continuity between various institutions: the Royal Audiencia, the Council of State, and the “institutional” and for-life senators. This work focuses on the discourse that articulates and unifies these various institutional forms throughout Chilean history, suggesting a context for the study of Chilean constitutional authoritarianism.
Democratic Justice In Transition, Marion Smiley
Democratic Justice In Transition, Marion Smiley
Michigan Law Review
Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
Michigan Law Review
This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …