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Full-Text Articles in Law
French Constitutionalism, Elisabeth Zoller
French Constitutionalism, Elisabeth Zoller
Articles by Maurer Faculty
From the Foreword:
We are particularly pleased that this first special issue gives the opportunity to celebrate the sixtieth anniversary of the Fifth Republic’s Constitution. Readers will find an enlightened vision of French constitutionalism, so patiently depicted by our colleague Elisabeth Zoller through a life of teachings and research, both in France and in the United States. Defined as “a political doctrine that aims to guarantee political freedom, i.e. the freedom we enjoy in respect of political power, as opposed to civil liberty, which we enjoy in respect of our peers”, constitutionalism has, in France, a profoundly unique character according …
Constitutionalism Before Constitutions: Burma's Struggle To Build A New Order, David C. Williams
Constitutionalism Before Constitutions: Burma's Struggle To Build A New Order, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Articles by Maurer Faculty
In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …
Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle
Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.