Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 17th amendment (1)
- Bush v. Gore (1)
- Constitution (1)
- Constitutional Interpretation (1)
- Constitutional law (1)
-
- Culture (1)
- Federal courts (1)
- Government (1)
- Human Rights (1)
- Indepedent judiciary (1)
- Judicial Review (1)
- Landes (1)
- Marbury v. Madison (1)
- Posner (1)
- Proportionality (1)
- Public choice (1)
- Reasonableness (1)
- Rule of Law (1)
- Seventeenth amendment (1)
- Social science (1)
- Sovereign (1)
- State laws (1)
- Supreme Court (1)
- Supreme court (1)
- Transnational discourse (1)
- Treaties (1)
- United States Constitution (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Rule of Law
Comparative Constitutionalism In A New Key, Paul W. Kahn
Comparative Constitutionalism In A New Key, Paul W. Kahn
Michigan Law Review
Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is …
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
NYLS Law Review
No abstract provided.
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …