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

Law Commons

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

Law and Contemporary Problems

2002

Comparative analysis

Articles 1 - 4 of 4

Full-Text Articles in Law

Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger Jul 2002

Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger

Law and Contemporary Problems

Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.


Judicializing Politics, Politicizing Law, John Ferejohn Jul 2002

Judicializing Politics, Politicizing Law, John Ferejohn

Law and Contemporary Problems

Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.


The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan Apr 2002

The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan

Law and Contemporary Problems

Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.


Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski Apr 2002

Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski

Law and Contemporary Problems

The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.