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Articles 1711 - 1740 of 2080
Full-Text Articles in Constitutional Law
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Scholarly Articles
In the first section, this essay will consider questions the new era in health care poses for a health-care ethics of ends. The second section will address the question this emerging era raises for a health-care ethics of duty. Under the rubric of an ethics of ends, the essay examines, more particularly, the ends of health and efficiency. Under that of duty, it addresses the duties of respect for the dignity of the human person; respect for the covenant of treatment; and respect for justice in distribution. In each case, it seeks to identify the basis for an adequate response …
Politicization And Judicialization Of The U.S. Chief Executive’S Political And Criminal Responsibility: A Threat To Constitutional Integrity Or A Natural Result Of The Constitution’S Flexibility?, Rett R. Ludwikowski
Scholarly Articles
This article attempts to analyze to what extent the scope of executive privilege, constitutionally committed to the executive branch, is determined by judicial process or by purely political factors. It opens with a brief report on the process of formation of the Presidential model of government and the system of checks and balances in the United States. Focusing on the checks imposed on the Executive, this article distinguishes those restraints that are clearly constitutionalized, or stemming from judicial determination of their constitutionality, and those which are the result of judicial interpretation of the beneficial aspects of public policy or political …
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar
The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar
BYU Law Review
No abstract provided.
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review
No abstract provided.
The Icon And The Tracts: A Restrained Renaissance Of Religious Liberty In Ukraine, John Moroz Smith
The Icon And The Tracts: A Restrained Renaissance Of Religious Liberty In Ukraine, John Moroz Smith
BYU Law Review
No abstract provided.
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
BYU Law Review
No abstract provided.
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
BYU Law Review
No abstract provided.
Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee
Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee
BYU Law Review
No abstract provided.
Religious Freedom In Germany, Gerhard Robbers
Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz
Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz
BYU Law Review
No abstract provided.
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
BYU Law Review
No abstract provided.
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
UIC Law Review
No abstract provided.
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.
U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez
U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez
Scholarly Articles
This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …
Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski
Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Faculty Scholarship
No abstract provided.
The Three Nixon Cases And Their Parallels In Malaysia, Myint Zan
The Three Nixon Cases And Their Parallels In Malaysia, Myint Zan
St. Thomas Law Review
During the period from 1974 to 1982 the Supreme Court of the United States decided three cases in which the late Richard M. Nixon, the 37th President of the United States of America was involved as an appellant/ petitioner. All three cases decided by the United States Supreme Court bore the name of Richard Nixon in the title of the cases. This Article will attempt to discern some of the legal and constitutional issues which have arisen from these "Three Nixon" cases. Some of the issues in these cases would inevitably have arisen out of issues that are peculiar to …
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
Articles & Chapters
As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …
Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld
Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld
Articles
The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.
The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam
The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam
Articles
In recent years, the constitutional law of foreign relations has come under intense academic scrutiny, and with it the traditionally accepted constitutional balance between the federal government and the States. In the course of this renewed debate, revisionist scholars have challenged the previously dominant view that States have no place in foreign affairs.
Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe
Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe
Cardozo Journal of International and Comparative Law
The note examines the challenges to freedom of expression in Israel, highlighting the absence of a written constitution and the tension between security concerns, religious influences, and democratic values. It argues that while the High Court of Israel has played a crucial role in protecting civil liberties, the lack of constitutional protections leaves freedom of expression vulnerable, particularly in cases involving national security and religious sensibilities.
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
Washington International Law Journal
The judgment of the Hong Kong Court of Final Appeal ("CFA") in the right of abode case has created several constitutional issues, three of which will be addressed in this paper. They are: (1) whether the CFA has the authority to review Chinese legislation; (2) whether the National People's Congress Standing Committee ("NPCSC") should interpret or amend the Basic Law; and (3) whether an original legislative intent approach or a purposive approach should be adopted for the interpretation of the Basic Law. Prompt resolution of these issues is necessary to resolve constitutional uncertainty in Hong Kong. Successful resolution of these …
Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato
Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato
Cardozo Law Review
No abstract provided.
The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi
The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi
Cardozo Law Review
No abstract provided.
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
Foreword, Norman Dorsen
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Cardozo Law Review
No abstract provided.
Self-Determination Of The Peoples Of Quebec Under International Law, Johan D. Van Der Vyver
Self-Determination Of The Peoples Of Quebec Under International Law, Johan D. Van Der Vyver
Florida State University Journal of Transnational Law & Policy
No abstract provided.