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Full-Text Articles in Law
The Fragility Of Constitutional Democracy, Yasmin Dawood
The Fragility Of Constitutional Democracy, Yasmin Dawood
Maryland Law Review
Is the survival of constitutional democracy in America at serious risk? Given the actions of the Trump administration, and given the decline of democracy and concomitant rise of authoritarianism the world over, there is genuine cause for alarm. In light of these fears, it is worth remembering that the authors of The Federalist Papers were notably pessimistic about the survival chances of republican government. To what extent have their constitutional design innovations contributed to present woes, and conversely, to what extent will the Constitution ensure the survival of democracy? This Essay argues that while the design of the Constitution is …
Alternatives To Liberal Constitutional Democracy, David S. Law
Alternatives To Liberal Constitutional Democracy, David S. Law
Maryland Law Review
The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to proactively explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security.
Along these dimensions, the advantages …
The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker
The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker
Schmooze 'tickets'
No abstract provided.
Like A Hole In The Head, Lief H. Carter
"No Better Than They Deserve:" Dred Scott And Constitutional Democracy, Mark A. Graber
"No Better Than They Deserve:" Dred Scott And Constitutional Democracy, Mark A. Graber
Faculty Scholarship
No abstract provided.