Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Faculty Scholarship
Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …