Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Support Of Respondents In Samantar V Yousuf, Chimene I. Keitner
Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Support Of Respondents In Samantar V Yousuf, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Framing Constitutional Rights, Chimene I. Keitner
Framing Constitutional Rights, Chimene I. Keitner
Chimene I Keitner
This article surveys cases from five common law courts (in South Africa, Australia, the United Kingdom, Canada, and the United States), which have not adopted a uniform conception of the relationship between domestic rights and territorial borders. As a general matter, they have been most willing to review government action for compliance with domestic rights-based constraints where there is a link between the government and the affected individual based either on territory (country) or membership (compact). A violation of fundamental procedural or substantive values alone (conscience) generally does not suffice to trigger domestic judicial review. In addition to defining the …