Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Access information (1)
- Acknowledgement doctrine (1)
- Administrative law (1)
- Censorship (1)
- Constitution (1)
-
- Constitutional interpretation (1)
- Constitutionalism (1)
- Defragmentation (1)
- Federalism (1)
- Global Administrative Law (1)
- Global Constitutionalism (1)
- Global Governance (1)
- Global Public Law (1)
- Globalization (1)
- Globalization of law (1)
- Government (1)
- International law (1)
- Interpretation (1)
- Judical review (1)
- Judicial interpretation (1)
- Jurisprudence (1)
- Leaks (1)
- Legal unity (1)
- Methodology (1)
- Statutory interpretation (1)
- Textualism (1)
- Transparency (1)
- United States Supreme Court (1)
Articles 1 - 4 of 4
Full-Text Articles in Constitutional Law
Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken
Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken
Indiana Journal of Global Legal Studies
Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise …
Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo
Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo
San Diego International Law Journal
This paper aims to critically examine the status of global administrative law within the already widely acknowledged notion of global constitutionalism. While global constitutionalism describes the processual "constitutionalization" of an increasingly globalized world through the values emerging from cross-border regulatory cooperation, the global regulatory process at the heart of global administrative law appears to take the place of "We the People" as the creative force behind global constitutionalism. Contrary to the domestic/national context, the identitarian relationship between global administrative law and global constitutional law suggests the unity of global legality, whether it be called administrative law or constitutionalism. The paper …
Constitutional Interpretation And Judicial Review: A Case Of The Tail Wagging The Dog, Michael Halley
Constitutional Interpretation And Judicial Review: A Case Of The Tail Wagging The Dog, Michael Halley
Michigan Law Review First Impressions
A response to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003 (2009). Professor John Manning's analysis of the Supreme Court's recent federalism decisions works as a platform to further the cause of textualism. His argument fails to persuade, however, because the textualism he says the Court should embrace in federalism cases is antithetical to the atextual nature of the Court's jurisdiction to adjudicate the constitutionality of legislation. Manning prefaces his work by telling readers that his analysis is not an end in itself. His aim, rather, is to "use the methodology" the …
An Improved Analytical Framework For The Official Acknowledgment Doctrine: A Broader Interpretation Of “Through An Official And Documented Disclosure”, Jessica Fisher
NYLS Law Review
No abstract provided.