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Articles 1 - 18 of 18
Full-Text Articles in Law
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo
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
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
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Articles
No abstract provided.
The Geometry Of Inside And Outside, David Abraham
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
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Articles
No abstract provided.
The Truth About Haiti, Irwin P. Stotzky
Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky
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
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
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
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
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
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
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
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
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
Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge
Articles
No abstract provided.
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
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
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
University of Miami Law Review
No abstract provided.