Transnational Law Commons^™

African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga

Joseph Isanga

Achieving political stability in a transitional democracy is a fundamental goal, the resoluteness of which is in part maintained by courts of judicial review that are independent from political bias and devoid of deference to traditionally more powerful branches of government. The recent democratic transitions occurring in the African nations of South Africa and Uganda provide a unique, contemporary insight into the formation of a constitutional jurisprudence. This study is an examination of pivotal cases decided by the Constitutional Courts of South Africa and Uganda, the roles that these decisions play in political stability, and the potential for political bias …

African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga

Joseph Isanga

This Article examines African constitutional courts’ jurisprudence—that is, jurisprudence of courts that exercise judicial review—and demonstrates the increasing role of sub-Saharan Africa’s constitutional courts in the development of policy, a phenomenon commonly referred to as 'judicialization of politics' or a country’s 'judicialization project.' This Article explores the jurisprudence of constitutional courts in select African countries and specifically focuses on the promotion of democracy, respect for human rights, and the rule of law, and presupposes that although judges often take a positivist approach to adjudication, they do impact policy nevertheless. The use of judicial review in Africa has been painfully slow, …

Legal Pluralism And Legal Universalism In A Global Context, Neil Walker, Peer Zumbansen

Peer Zumbansen

Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, Edinburgh School of Law, speaks about "constitutional pluralism" in a global context. He explores the insights constitutional pluralism brings to transnational law, why it's particularly pertinent to the European Union, and the extent to which these insights might translate to the global stage. Respondent: Peer Zumbansen, Osgoode Hall Law School.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

Donald J. Kochan

With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …

Introduction - Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.

The Day The Earth Stood Still?--Reading Jürgen Habermas's Essay "February 15" Against Ian Mcewan's Novel, Russell Miller

Russell A. Miller

No abstract provided.

America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall

Allen Mendenhall

This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and judicial …

Das Bundesverfassungsgericht: Procedure, Practice And Policy Of The German Federal Constitutional Court, Russell Miller, Donald Kommers

Russell A. Miller

No abstract provided.

Progress In International Law - An Explanation Of The Project, Russell Miller

Russell A. Miller

No abstract provided.

Hamdan V. Rumsfeld, Russell Miller

Russell A. Miller

No abstract provided.

Comparative Law And Germany's Militant Democracy, Russell Miller

Russell A. Miller

No abstract provided.

Introduction: U.S. National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller

Russell A. Miller

No abstract provided.

Paradoxes Of Personality: Transnational Corporations, Non-Governmental Organizations And Human Rights In International Law, Russell Miller

Russell A. Miller

No abstract provided.

Foreword: Making A Case For Comparative Constitutionalism And Transnational Law, Craig M. Scott, Peer Zumbansen

Peer Zumbansen

Foreword: Making A Case For Comparative Constitutionalism And Transnational Law, Craig M. Scott, Peer Zumbansen

Craig M. Scott

Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

A Shared Constitutionalism: Stemm Cells And The Case For Transatlanticism, Russell Miller

Russell A. Miller

No abstract provided.

Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller

Russell A. Miller

No abstract provided.