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Full-Text Articles in Law

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 …


International Law-The Impact On National Constitutions, Michael Kirby Jan 2006

International Law-The Impact On National Constitutions, Michael Kirby

American University International Law Review

No abstract provided.


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 …


On The Specificity Of Middle Eastern Constitutionalism, Chibli Mallat Jan 2006

On The Specificity Of Middle Eastern Constitutionalism, Chibli Mallat

Case Western Reserve Journal of International Law

No abstract provided.