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Articles 1 - 12 of 12

Full-Text Articles in Law

Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky Jun 2017

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

Erwin Chemerinsky

No abstract provided.


The Legal Subject In Exile, Kathryn Abrams Aug 2016

The Legal Subject In Exile, Kathryn Abrams

Kathryn Abrams

An essay on the misuse of constitution is presented. It explores the characterizations of the legal subject in a particular set of contexts, and focuses on the extent to which the government may intervene to improve inequalities between participants in particular social or economic transactions. The author discusses various due processes and equal protection cases taken from the second half of the twentieth century and examines its similarities to the subject of Constitution in Exile.


Taking State Constitution Seriously, Marvin Krislov, Daniel M. Katz Sep 2015

Taking State Constitution Seriously, Marvin Krislov, Daniel M. Katz

Daniel M Katz

No abstract provided.


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.


Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley Sep 2013

Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley

Jill M. Fraley

Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging how constitutional change did not fit into his model of deliberate, deeply debated movements, Ackerman has shifted the scholarly lens to unintentional and unanticipated structural variations. Ackerman focuses his book on the political processes and events that have fostered potentially illegitimate constitutional remodeling. He acknowledges that certain features of legal scholarship have contributed to a lack of awareness of slow, structural drift, but he does …


Ministerial Responsibility And Chief Executive Accountability: The Implications Of The Better Public Services Reform Programme, Matthew S. R. Palmer Qc Apr 2013

Ministerial Responsibility And Chief Executive Accountability: The Implications Of The Better Public Services Reform Programme, Matthew S. R. Palmer Qc

The Hon Justice Matthew Palmer

This paper examines the current state of the constitutional convention of ministerial responsibility and its public service corollaries in New Zealand. It assesses the implications for them of the latest reform initiative in the New Zealand public service: Better Public Services. It concludes that the Better Public Services initiative does not disturb the constitutional underpinnings of the public service. But neither does it address the problem of the paucity of free and frank advice and wider problems of the quality of policy advice. Addressing those problems requires commitment by Ministers and leadership in the public service.


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.


"Open The Doors And Where Are The People?: Constitutional Dialogue In The Shadow Of The People", Matthew S. R. Palmer Dec 2010

"Open The Doors And Where Are The People?: Constitutional Dialogue In The Shadow Of The People", Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The chapter applies an approach of ‘constitutional realism’ in addressing the question ‘where are the people?’ in New Zealand’s constitution. It outlines the reality of New Zealand’s constitution in terms of the dynamics of its constitutional dialogue and its underlying norms and culture. With that context, it examines the position of ‘the people’ in New Zealand’s constitution: how people in New Zealand can currently engage with and participate in governance. It concludes by noting that the most important manifestation of the people in New Zealand is through democratic representation in Parliament. It emphasises the under-appreciated importance of the New Zealand …


The Treaty Of Waitangi In New Zealand's Law And Constitution, Reviewed By Sir Edmund Thomas, Matthew S. R. Palmer Jul 2009

The Treaty Of Waitangi In New Zealand's Law And Constitution, Reviewed By Sir Edmund Thomas, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Sir Edmund Thomas, former judge of the New Zealand Court of Appeal and Supreme Court, reviews Matthew Palmer's book on the Treaty of Waitangi in the August 2009 issue of the New Zealand Law Journal


Does The Constitutional Process Matter?, Zachary Elkins Dec 2008

Does The Constitutional Process Matter?, Zachary Elkins

Zachary Elkins

Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain from the constitutional outcome should be involved in the process. The second has to do with the merits of public involvement in the process. Both of these concerns have clear normative implications …


Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer Nov 2006

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This article assesses the comparative effectiveness of constitutional protection of indigenous rights in Canada and New Zealand using a perspective of “constitutional realism”. The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past 25 years. The reality of Canada’s constitutional development has seen more power accrue to the judicial branch of government. The reality of New Zealand’s constitutional development has seen more power accrue to the political branches of government. The article considers the reality of the behavior of these branches of government in each jurisdiction in relation to indigenous rights. It …


Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer Mar 1995

Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This article takes a step toward developing a general theoretical framework for analyzing comparative constitutional design. The Westminster system of constitutional design is characterized as analogous to a centralized hierarchical organization preserved intact but subjected to franchise bidding, whereas the U.S. constitutional system is viewed as a structure for mediating spontaneous transactions between broken-up institutions. The article uses this framework to analyze four functions of the Westminster doctrines of ministerial responsibility and compares them to their analogous elements (or lack thereof) in the U.S. constitution. Ministerial responsibility is presented as crucial to constituting the hierarchy of primary agency relationships of …