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Comparative and Foreign Law

Selected Works

2015

Law and Society

Articles 1 - 4 of 4

Full-Text Articles in Law

How Far Out Of Step Is The Supreme Court Of The United States?, Brian Christopher Jones Aug 2015

How Far Out Of Step Is The Supreme Court Of The United States?, Brian Christopher Jones

Brian Christopher Jones

This piece compares the United States Supreme Court (SCOTUS) and the UK Supreme Court (UKSC) regarding three major areas of interest: court communications, cameras in the courtroom, and judicial selection. Ultimately, it finds that, compared to their neighbour across the pond, the US Supreme Court is deeply out of step. This, coupled with other problems for SCOTUS, could ultimately hurt their legitimacy and constitutional review authority.

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The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate Jan 2015

The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate

Manoj S. Mate

This article analyzes how the Supreme Court of India, through its activism and assertiveness, has emerged as arguably the most powerful court among democratic polities. Over the past four and a half decades, the Court dramatically expanded its role in the realm of rights and governance, asserting the power to invalidate constitutional amendments under the basic structure doctrine, control judicial appointments, and govern in the areas of environmental policy, monitoring and investigating government corruption, and promoting electoral transparency and accountability. In this article, I argue that the Court’s shift toward greater, yet selective, assertiveness in India’s governance can most adequately …

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Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy Dec 2014

Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy

Hugh Mundy

During a 2009 speech in Ghana, President Barack Obama said, “Africa doesn’t need strongmen. It needs strong institutions.” Obama credited Ghana’s “impressive rates of growth” to the country’s “repeated peaceful transfers of power even in the wake of closely contested elections.” Free elections and non-violent power transfers, he said, “may lack the drama of the twentieth century’s liberation struggles” but “will ultimately be more significant.” Last July, the president expressed similar sentiments during a highly anticipated trip to Kenya. Côte d’Ivoire offers a stark example of the instability wrought when an unseated leader refuses to cede power. Once hailed as …

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Assessing The Constitutionality Of Legislation: Constitutional Review In Taiwan's Legislative Yuan, Brian Christopher Jones Dec 2014

Assessing The Constitutionality Of Legislation: Constitutional Review In Taiwan's Legislative Yuan, Brian Christopher Jones

Brian Christopher Jones

This article examines the constitutional interpretative authority of Taiwan’s Legislative Yuan, while incorporating international viewpoints on constitutional review primarily from the United Kingdom and United States. It contends that Taiwan possesses an over-reliance on legal constitutionalism and strong judicial review, which hinders Legislative Yuan interpretative authority. Author interviews from Legislative Yuan insiders demonstrate that lawmakers and staffers may not actively be thinking about the constitutionality of the bills they are presenting, and that they possess few, if any, official consultation options when seeking advice on constitutional questions. In essence, the interviews displayed clear evidence of judicial overhang. The article further …

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