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Full-Text Articles in Law

The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law Apr 2005

The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law

ExpressO

Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in order to accomplish their goals. Social scientists have observed that constitutional arrangements can, by restricting a sovereign’s power, enable the sovereign to make such commitments. This essay advances several claims about the commitment problems that sovereigns face. First, constitutions do not necessarily solve such problems but can instead aggravate them, by entrenching inalienable governmental powers and immunities. Second, sovereigns and other actors face two distinct varieties of commitment problems – undercommitment and overcommitment – between which they must steer: an actor that can bind itself …


La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley Jan 1998

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …


Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham Jan 1997

Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham

Michigan Journal of Race and Law

As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …


Toward A South African Administrative Justice Act, Michael Asimow Jan 1997

Toward A South African Administrative Justice Act, Michael Asimow

Michigan Journal of Race and Law

Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.


Education Jan 1996

Education

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Home Rule Jan 1996

Home Rule

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Right To A Jury Trial Jan 1996

Right To A Jury Trial

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Right To Be Present Jan 1996

Right To Be Present

Touro Law Review

No abstract provided.


Speedy Trial Jan 1996

Speedy Trial

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Right To A Jury Trial Jan 1996

Right To A Jury Trial

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Self Incrimination Jan 1996

Self Incrimination

Touro Law Review

No abstract provided.