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Full-Text Articles in Constitutional Law
From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin
From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Countermajoritarian Difficulty: From Courts To Congress To Constitutional Order, Mark A. Graber
The Countermajoritarian Difficulty: From Courts To Congress To Constitutional Order, Mark A. Graber
Faculty Scholarship
This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from the courts to electoral institutions. Prominent political scientists are increasingly rejecting the countermajoritarian difficulty as the proper framework for studying and evaluating judicial power. Political scientists, who study Congress and the presidency, however, have recently emphasized countermajoritarian difficulties with electoral institutions. Realistic normative appraisals of American political institutions, this emerging literature on constitutional politics in the United States maintains, should begin by postulating a set of democratic and constitutional goods, determine the extent to which American institutions as a whole are delivering those goods, and …
From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
Faculty Scholarship
No abstract provided.
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Faculty Scholarship
This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the …
The Maryland/Georgetown Constitutional Law Schmooze - Foreword: From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
Maryland Law Review
No abstract provided.
Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein
Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein
Maryland Law Review
No abstract provided.
Delegation To Courts And Legitimacy, Karol Soltan
Delegation To Courts And Legitimacy, Karol Soltan
Maryland Law Review
No abstract provided.
Distinguishing Formal From Institutional Democracy, Paul Frymer
Distinguishing Formal From Institutional Democracy, Paul Frymer
Maryland Law Review
No abstract provided.
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint
Maryland Law Review
No abstract provided.
Smoke, Not Fire, Neal Devins
Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink
Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink
Maryland Law Review
No abstract provided.
Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine
Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine
Maryland Law Review
No abstract provided.
Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer
Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer
Maryland Law Review
No abstract provided.
Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux
Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux
Maryland Law Review
No abstract provided.
Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff
Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff
Maryland Law Review
No abstract provided.
Judicial Power And Mobilizable History, Richard A. Primus
Judicial Power And Mobilizable History, Richard A. Primus
Maryland Law Review
No abstract provided.
Juristocracy In The American States?, Robert F. Williams
Juristocracy In The American States?, Robert F. Williams
Maryland Law Review
No abstract provided.
The Jacksonian Makings Of The Taney Court, Mark A. Graber
The Jacksonian Makings Of The Taney Court, Mark A. Graber
Faculty Scholarship
Many twentieth century commentators regard the willingness of Taney Court majorities to declare laws unconstitutional as proof that the justices on that tribunal adjured Jacksonian partisanship upon taking the bench. Old Republicans during the 1820s fulminated against judicial review of state legislation and sought to repeal Section 25 of the Judiciary Act of 1787, but they were apparently frustrated by a Taney Court which continued imposing contract clause and dormant commerce clause limits on state power. This paper demonstrates that Jacksonians in office supported judicial power. Jacksonian animus was more directed at McCulloch v. Maryland than either Marbury v. Madison …
Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns
Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa
A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa
Maryland Series in Contemporary Asian Studies
No abstract provided.