Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Original Constitutionalist: Reconstructing Richard S. Kay’S Scholarship, Yaniv Roznai
Original Constitutionalist: Reconstructing Richard S. Kay’S Scholarship, Yaniv Roznai
Connecticut Law Review
No abstract provided.
Constituent Power And Constituent Authority, Mikolaj Barczentewicz
Constituent Power And Constituent Authority, Mikolaj Barczentewicz
Connecticut Law Review
My aim in this Paper is to analyze Professor Richard Kay’s notion of ‘constituent authority’ within H. L. A. Hart’s model of foundations of legal systems. I thus elucidate the relationship between constituent power, Kay’s constituent authority, and Hartian rules of recognition. I begin by distinguishing two understandings of constituent power: de facto and de jure. In general, constituent power is a power to bring about constitutional change that is not a legal power and is not constituted by (grounded in) any legal power. On the first view, constituent power is a factual capacity (e.g. a kind of social “power”) …
Authority And Meaning, Laurence Claus
Authority And Meaning, Laurence Claus
Connecticut Law Review
This conference contribution celebrates Richard Kay’s contention that a sound theory of legal meaning depends on a sound theory of legal status. Contrary to Kay, I conclude that identifying law’s true source reveals that we should seek law’s meaning not primarily in lawgivers’ intentions, but in public understanding.
Constitutional Chronometry, Legal Continuity, Stability And The Rule Of Law: A Canadian Perspective On Aspects Of Richard Kay’S Scholarship, Warren J. Newman
Constitutional Chronometry, Legal Continuity, Stability And The Rule Of Law: A Canadian Perspective On Aspects Of Richard Kay’S Scholarship, Warren J. Newman
Connecticut Law Review
The United States and Canada have many common traits, including a constitutional heritage originally derived in part from British common law and statute, a written constitution declared to be supreme law, a federal and local state (or provincial) division of legislative powers, an entrenched bill of rights, written procedures for constitutional amendment, and constitutional judicial review. However, while the United States has a presidential and congressional system of government, Canada is a constitutional monarchy with a parliamentary system of responsible government. Moreover, unlike the United States, Canada achieved its independence from the United Kingdom gradually and incrementally, within the existing …
Of Omnipotent Things, Joel I. Colon-Rios
Of Omnipotent Things, Joel I. Colon-Rios
Connecticut Law Review
To say that some constituent assemblies have acted as omnipotent lawmakers, as not subject to the separation of powers, and as able to exercise the ordinary powers of government, is an understatement. It is, in fact, the way in which many, if not most, constitution-making bodies have operated since the late 18th century. A famous historical example is the French National Convention of 1793, which despite having been called under an already constituted legal order and after having drafted a (later popularly ratified) constitution, declared a state of emergency, abolished the separation of powers, and proceeded to govern the country. …