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Full-Text Articles in Law

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer Nov 1993

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to …


Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte Jan 1993

Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte

Harry L Witte

No abstract provided.


Medición De La Seguridad Jurídica, Horacio M. Lynch Jan 1993

Medición De La Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Concurso Asociación de Bancos de la República Argentina (ADEBA).


The 1990 Federal "Fallback" Statute Of Limitations: Limitations By Default, Katharine F. Nelson Jan 1993

The 1990 Federal "Fallback" Statute Of Limitations: Limitations By Default, Katharine F. Nelson

Katharine F. Nelson

No abstract provided.


The Persistence Of Power And The Struggle For Dialogic Standards In Postmodern Constitutional Jurisprudence: Michelman, Habermas, And Civic Republicanism, Stephen M. Feldman Dec 1992

The Persistence Of Power And The Struggle For Dialogic Standards In Postmodern Constitutional Jurisprudence: Michelman, Habermas, And Civic Republicanism, Stephen M. Feldman

Stephen M. Feldman

Since the 1950s, most constitutional scholars have presumed that the American political system is pluralistic, with autonomous individuals struggling in the legislative arena to maximize the satisfaction of their preexisting private interests. The "new republicans" reject these presumptions and insist that constitutional jurisprudence must recognize the potential for virtuous citizens to engage in a political dialogue that generates public values and identifies a common good. Frank I. Michelman has pioneered this revival by confronting one of the most troubling and persistent difficulties of civic republican thought: the likelihood that the political dialogue will be closed to segments of the community …


Polishing The Tarnished Golden Door, Michael Scaperlanda Dec 1992

Polishing The Tarnished Golden Door, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.