Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Judicial Engagement, Written Constitutions, And The Value Of Preservation: The Case Of Individual Rights, Elizabeth Price Foley
Judicial Engagement, Written Constitutions, And The Value Of Preservation: The Case Of Individual Rights, Elizabeth Price Foley
Faculty Publications
When judges alter a written constitution because its original meaning is no longer convenient, useful or modern, they engage in judicial activism. They are actively seeking to modify the written social compact to suit their own, or their perception of society’s, current preferences. Judicial activism is a usurpation of the proper judicial role, and it undermines the proper role of We the People. Only the People may amend the written constitution when a sufficiently large number (i.e., a supermajority) believes strongly enough that a formal, written modification of the social charter is necessary. Judicial engagement refers to the need for …
The Constitution Of Cádiz In Florida, M C. Mirow
The Constitution Of Cádiz In Florida, M C. Mirow
Faculty Publications
The article explores the vibrant constitutional community that existed in St. Augustine and the province of East Florida in the final decade of Spanish control of the area. Based on relatively unexplored primary sources, it reveals a great deal of unknown information about the importance of the Constitution in Florida immediately before the territory was transferred to the United States. The article provides full description of the Constitution's promulgation in 1812 and a second promulgation of the Constitution in 1820 (something unknown in the general literature). It also addresses the construction of the St. Augustine monument to the Constitution erected …
Your View: Top Funding Needed For Legal Assistance Corporation, Justine A. Dunlap
Your View: Top Funding Needed For Legal Assistance Corporation, Justine A. Dunlap
Faculty Publications
Lawyers - we love to hate them until we need one. The good news that, in certain critical situations, lawyers are available. They are a constitutional entitlement for the criminally accused. They can be retained on a contingency fee basis in certain kinds of cases. Legal services may be available through a work-based pre-paid plan. And, if you have lots of money, legal services are, of course, readily procurable. That's the stuff of legal "dream teams".