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Articles 1 - 15 of 15

Full-Text Articles in Law

Constitution-Making: A Process Filled With Constraint, Donald L. Horowitz Jan 2006

Constitution-Making: A Process Filled With Constraint, Donald L. Horowitz

Faculty Scholarship

Constitutions are generally made by people with no previous experience in constitution making. The assistance they receive from outsiders is often less useful than it may appear. The most pertinent foreign experience may reside in distant countries, whose lessons are unknown or inaccessible. Moreover, although constitutions are intended to endure, they are often products of the particular crisis that forced their creation. Drafters are usually heavily affected by a desire to avoid repeating unpleasant historical experiences or to emulate what seem to be successful constitutional models. Theirs is a heavily constrained environment, made even more so by distrust and dissensus …


The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein Dec 2004

The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein

Alaska Law Review

No abstract provided.


Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky Jun 2003

Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky

Alaska Law Review

No abstract provided.


The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan Apr 2002

The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan

Law and Contemporary Problems

In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.


Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski Apr 2002

Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski

Law and Contemporary Problems

The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.


Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal Dec 1998

Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal

Alaska Law Review

No abstract provided.


Upholding The Public Trust In State Constitutions, Matthew Thor Kirsch Mar 1997

Upholding The Public Trust In State Constitutions, Matthew Thor Kirsch

Duke Law Journal

No abstract provided.


Welcome To The Last Frontier, Professor Gardner: Alaska’S Independent Approach To State Constitutional Interpretation, Ronald L. Nelson Jun 1995

Welcome To The Last Frontier, Professor Gardner: Alaska’S Independent Approach To State Constitutional Interpretation, Ronald L. Nelson

Alaska Law Review

No abstract provided.


Formal Amendment Of The Constitution Of Canada, Peter W. Hogg Jan 1992

Formal Amendment Of The Constitution Of Canada, Peter W. Hogg

Law and Contemporary Problems

Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.


Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson Jan 1992

Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson

Law and Contemporary Problems

Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.


Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan Jan 1992

Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan

Law and Contemporary Problems

The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.


The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii Jan 1992

The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii

Law and Contemporary Problems

Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.


Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton Jan 1992

Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton

Law and Contemporary Problems

The role of the Supreme Court of Canada in the country's federal system is discussed. Globalization will have an important impact on interpretation of the Canadian Constitution. The special status of Quebec will also have to be taken into account.


The Rights Of The Mentally Ill Under State Constitutions, Alan Meisel Jul 1982

The Rights Of The Mentally Ill Under State Constitutions, Alan Meisel

Law and Contemporary Problems

No abstract provided.


The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky Jul 1981

The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky

Law and Contemporary Problems

No abstract provided.