Law Commons^™

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Czapanskiy, Rashida Manjoo

Karen Czapanskiy

In 2006, the South African Constitutional Court found a constitutional right to participate in the legislative process in the case of Doctors for Life, Case CCT 12/05 (decided 17 August 2006). In this article, we argue that, first, legislation is better when legislators are required to invite and attend to public input, and, second, citizenship is better when legislators are required to invite and attend to public input. Doctors for Life puts South Africa on the road to improving both legislation and citizenship. In the United States, this road is largely untraveled. While rejecting traditional representative democracy as an adequate …

Affirming The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Liberating The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

The Motion In Limine In Politically Sensitive Cases: Silencing The Defendant At Trial, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

The Motion In Limine:Trial Without Jury - A Government's Weapon Against The Sanctuary Movement, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Gender Bias In The Courts: Social Change Strategies, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

Borders Erected Around Unlimited Right To Detain, Susan Harris Rimmer

Susan Harris Rimmer

Fourteen years after the federal ALP introduced the current legal basis of detention, Immigration Minister Senator Chris Evans has outlined the new approach to detention agreed by the Rudd Labor Government. In essence it has committed itself to seven ''values'', the first being that mandatory detention remains an ''essential component of strong border control''. But the second value sets out the categories of those to whom mandatory detention will apply. They are: all arrivals for health, identity and security checks, and to them only for a short time; people who present an unacceptable risk to the community; and people who …

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

People's Tribunal On Torture Tamil Nadu Report, Saumya Uma

Dr. Saumya Uma

Crimen Sine Lege: Judicial Lawmaking At The Intersection Of Law & Morals, Beth Van Schaack

Beth Van Schaack

One the most fundamental defenses to a criminal prosecution is that of nullum crimen sine lege, nulla poena sine lege (“no crime without law, no punishment without law”) (NCSL). Notwithstanding that respect for NCSL is a hallmark of modern national legal systems and a recurrent refrain in the omnibus human rights instruments, international criminal law (ICL) fails to fully implement this principle.

The absence of a rigorous manifestation of NCSL within ICL can be traced to the dawn of the field. In the post-WWII period, NCSL was at the heart of the defendants’ challenge to the legality of the near-identical …

Communal Crimes Bill, Saumya Uma

Dr. Saumya Uma

This is an alternative draft law on communal violence, drafted by a section of civil society, and submitted to the Indian government in January 2008. It incorporates concepts and standards from international law, and formulates new crimes as well as standards of evidence and procedure.