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Full-Text Articles in Law
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Michigan Law Review
The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Michigan Law Review
A Review of John Arthur, Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
Michigan Law Review
A Review of Democracy and Its Critics by Robert A. Dahl
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Michigan Law Review
A Review of The Revival of Natural Law Concepts by Charles Grove Haines
Judicial Review In Europe, Gottfried Dietze
Judicial Review In Europe, Gottfried Dietze
Michigan Law Review
The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …