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Full-Text Articles in Law
The Languages Of Constitutional Dialogue: Bargaining In The Shadow Of The People, Matthew S. R. Palmer
The Languages Of Constitutional Dialogue: Bargaining In The Shadow Of The People, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
The 2007 Bora Laskin Annual Lecture at Osgoode Hall Law School analyzes law and policy as different languages in which the judicial and political branches of government speak and think - the languages of law and policy. It asks what the languages should be in which constitutional dialogue is conducted and, in particular, whether judges should always be required to be legally trained.
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Faculty Scholarship
At present, almost all of the constitutions in the world are twentieth-century constitutions; indeed, most of them were not adopted until the second half of the twentieth century. Accordingly, the eighteenth-century Constitution of the United States -- which includes the original constitution of 1787-89; the first ten amendments, adopted in 1791; and the Eleventh Amendment, adopted in 1798 -- antedates most other constitutions of the world by at least 150 years. Using the eighteenth-century Constitution of the United States as a form of base-line (a method that may be parochial, but one that I think also has a lot to …