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Full-Text Articles in Law

The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo Oct 2023

The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo

University of Miami Law Review

Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …


Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky May 2023

Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky

University of Miami Law Review

This Article identifies and examines the Supreme Court’s longstanding unintelligibility with respect to recognition of a fundamental right to vote per se under the Constitution. In a host of equal protection cases, the Court’s refusal to “say what the law is” in this regard has produced a chaotic jurisprudence on the status of the right. Because ours is a constitutional schema consisting of multiple types of rights to vote, the refusal manifests as judicial reliance on and acclamation of some unspecified right to vote. It is refusal by lack of clarity. The unsorted right has led some scholars to conclude …


Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless Jan 2017

Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless

Articles

No abstract provided.


The Geometry Of Inside And Outside, David Abraham Jan 2011

The Geometry Of Inside And Outside, David Abraham

Articles

These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.


Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes Jan 2010

Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes

Articles

No abstract provided.


The Truth About Haiti, Irwin P. Stotzky Jan 2010

The Truth About Haiti, Irwin P. Stotzky

Articles

No abstract provided.


Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky Oct 2008

Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


Democracy As Problem Solving: Campaign Finance And Justice Breyer's Theory Of "Active Liberty", Robert F. Bauer Jan 2006

Democracy As Problem Solving: Campaign Finance And Justice Breyer's Theory Of "Active Liberty", Robert F. Bauer

University of Miami Law Review

No abstract provided.


The Islamic Roots Of Democracy, Ali Iyad Yakub Jan 2005

The Islamic Roots Of Democracy, Ali Iyad Yakub

University of Miami International and Comparative Law Review

No abstract provided.


The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably Jan 2005

The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably

Articles

No abstract provided.


In Defense Of Democracy, Enrique Lagos, Timothy D. Rudy Apr 2004

In Defense Of Democracy, Enrique Lagos, Timothy D. Rudy

University of Miami Inter-American Law Review

No abstract provided.


The Indispensable State, Irwin P. Stotzky Oct 2003

The Indispensable State, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak Oct 2003

The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak

University of Miami Law Review

No abstract provided.


Owen M. Fiss: The Influence Of His Pre-Legal Education, Morton J. Horwitz Oct 2003

Owen M. Fiss: The Influence Of His Pre-Legal Education, Morton J. Horwitz

University of Miami Law Review

No abstract provided.


The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer Oct 2001

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge Jan 2001

Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge

Articles

No abstract provided.


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Jan 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.


The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock Sep 1988

The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock

University of Miami Law Review

No abstract provided.