Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

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.


Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly Dec 2012

Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly

Erin Daly

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …