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Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Seattle University Law Review
In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute antagonists." …
Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin
Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin
Osgoode Hall Law Journal
In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance. On the one hand, he admits that "interpretivism" is explanatorily inadequate, yet on the other he refuses to accept "non-interpretivism" for he realizes that it has the potential to unmask the politics of law. I argue that Hogg's third way - that Charter interpretation should be progressive and purposive - is incapable of bearing the legitimizing weight which he requires in that it necessitates …
The Most Effective Or Least Restrictive Alternative As The Only Intermediate And Only Means-Focused Review In Due Process And Equal Protection, Roy G. Spece Jr.
The Most Effective Or Least Restrictive Alternative As The Only Intermediate And Only Means-Focused Review In Due Process And Equal Protection, Roy G. Spece Jr.
Villanova Law Review
No abstract provided.