Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 17th amendment (1)
- Bill of Rights and Duties (1)
- Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa (1)
- Constitutional law (1)
- Economic Sabotage Act (1)
-
- Equity (1)
- Fairness of the Process (1)
- Federal courts (1)
- Flexibility (1)
- Indepedent judiciary (1)
- Judge-Made Law (1)
- Judicial Process (1)
- Judicial independence (1)
- Jury (1)
- Justice (1)
- Landes (1)
- Legal Certainty (1)
- Legal Indeterminacy (1)
- Legal Methods (1)
- Posner (1)
- Public Policy (1)
- Public choice (1)
- Rechtsfolge (1)
- Rechtssatz (1)
- Rule of Law (1)
- Scalia (Antonin) (1)
- Seventeenth amendment (1)
- State laws (1)
- Subsumption Model (1)
- Supreme court (1)
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Rule of Law
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
All Faculty Scholarship
Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Michigan Law Review
While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …
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 …