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Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Patrick McKinley Brennan
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
Delivering The Goods: Herein Of Delegation, Authority And The Mead Case, Patrick Brennan
Delivering The Goods: Herein Of Delegation, Authority And The Mead Case, Patrick Brennan
Patrick McKinley Brennan
No abstract provided.
Against Sovereignty: A Cautionary Note On The Normative Power Of The Actual, Patrick Mckinley Brennan
Against Sovereignty: A Cautionary Note On The Normative Power Of The Actual, Patrick Mckinley Brennan
Patrick McKinley Brennan
Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts Court should seize the next apt moment to abandon the doctrines of “sovereignty” and “sovereign dignity” that the Rehnquist Court developed over the decade that began with the 1996 decision in the Seminole case. Although pursued in service of the laudable goal of “our federalism,” these doctrines work a corruption of our legal, political, and moral self-understanding. As they do so, they distract the Court and the citizenry from the disciplined commitment to the rule of law and legal justice by which a body politic …