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Full-Text Articles in Legal History
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
The Constitution As If Consent Mattered, Tom W. Bell
The Constitution As If Consent Mattered, Tom W. Bell
Tom W. Bell
Libertarians do not fit into the left-right spectrum very comfortably; by their own account, they transcend it. This brief paper, written for a Chapman Law Review symposium on libertarian legal theory, argues that libertarians should likewise transcend the dichotomy currently dividing constitutional theory. The Left tends to regard the Constitution as adaptable to current needs and defined by judicial authority; the Right tends to search the historical record for the Constitution’s original meaning. Each of those conventional approaches has its own virtues and vices. Combining the best of both — the responsiveness of living constitutionalism and the textual fidelity of …
Источники Избирательного Права В Зарубежных Странах: Некоторые Вопросы Теории, Leonid G. Berlyavskiy, Eugene Kolesnikov
Источники Избирательного Права В Зарубежных Странах: Некоторые Вопросы Теории, Leonid G. Berlyavskiy, Eugene Kolesnikov
Leonid G. Berlyavskiy
In the article the basic problems of the sources of the Electoral Law (on the cases of the states of the Western democracy) are considered. It is shown that the major provisions about elections are fixed in the national Constitution, laws and the international electoral standards
Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson
Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson
Robert G. Natelson
Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …