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The Property Question.Pdf, William A. Edmundson Apr 2018

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes.  James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda.  By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the …


The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga Mar 2018

The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga

Joseph Isanga

African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as …


To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez Jan 2018

To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …