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Full-Text Articles in Law

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi Feb 2021

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi

Catholic University Law Review

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders.

Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and what is especially striking about the post-1945 experience is that the constitutionalism of charisma included not only the adoption of written constitutions, but also the adoption of meaningful …


The Age Of Constitutions In The Americas, M C. Mirow Jan 2014

The Age Of Constitutions In The Americas, M C. Mirow

Faculty Publications

The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …


The Age Of Constitutions In The Americas, M. C. Mirow Dec 2013

The Age Of Constitutions In The Americas, M. C. Mirow

M. C. Mirow

This essay discusses essential elements of the Age of Constitutions in the Americas. These elements are the United States Constitution and state constitutions, English constitutional practices, the French Revolution and the republic constitutions, the Cortes of Cadiz and the Spanish Constitution of 1812, and Haitian independence and the constitutions of the early republic.


محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia Jul 2012

محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion Feb 2005

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …


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 …


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1993

Double Jeopardy

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Judicial Conduct Jan 1993

Judicial Conduct

Touro Law Review

No abstract provided.


Legislative Powers Jan 1993

Legislative Powers

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.