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Full-Text Articles in Law

Terrorism And The Constitution, Christopher L. Blakesley Jan 1987

Terrorism And The Constitution, Christopher L. Blakesley

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How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …


Legal Evolution And Legislation, Alan Watson Jan 1987

Legal Evolution And Legislation, Alan Watson

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For several years I have been working on two relationships: the relationship between legal rules and the society in which they operate, and the relationship between sources of law and the way law evolves. Some critics have suggested that in discussing the evolution of law, I have understated the revolutionary force of legislation and statutory law. This issue will be the focus of this article.