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R (On The Application Of E) (Respondent) V Governing Body Of Jfs And The Admissions Appeal Panel Of Jfs (Appellants) And Others (Case Note) [2009] Uksc 15, Reuven (Ruvi) Ziegler
R (On The Application Of E) (Respondent) V Governing Body Of Jfs And The Admissions Appeal Panel Of Jfs (Appellants) And Others (Case Note) [2009] Uksc 15, Reuven (Ruvi) Ziegler
Dr. Reuven (Ruvi) Ziegler
This case-note offers comparative perspectives on the UK Supreme Court’s judgment in the JFS case (alleged racially discriminatory school admissions policy) and the Israeli Supreme Court’s judgment in the Emanuel Haredi school case (alleged Ashkenazi/Sephardi segregation arrangements).
The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum
The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum
Ian C Bartrum
This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine the way that we interact with canonical texts as we construct arguments in the forms that Bobbitt has described. I contend that these texts serve as metonyms for larger sets of associated principles and values, and that their invocation usually is not meant to point to the literal meaning of the text itself. This conception helps explain how a canonical text's meaning in constitutional argument can evolve over time, and hopefully offers the creative practitioner some insight into the kinds of arguments that might accomplish …