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Full-Text Articles in Legal History
The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz
The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz
Scholarship@WashULaw
This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …
Book Review: The Once And Future King: The Rise Of Crown Government In America, Ronald D. Rotunda
Book Review: The Once And Future King: The Rise Of Crown Government In America, Ronald D. Rotunda
Ronald D. Rotunda
If you want to understand your own language, learn a foreign tongue. Similarly, if you want to understand the American system of government, learn what our intellectual kin—Great Britain and Canada—have done. As Professor F.H. Buckley notes, “He who knows only his own country knows little enough of that.” He is one of the few people who has thoroughly mastered the legal structure and history of all three countries.
Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes
Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes
Teresa M. G. Da Cunha Lopes
No abstract provided.
Cosmopolitanism And Constitutional Self-Government, Vlad F. Perju
Cosmopolitanism And Constitutional Self-Government, Vlad F. Perju
Vlad Perju
This paper, which was selected for presentation at the 2010 Yale/Stanford Junior Faculty Forum, articulates the theoretical steps by which self-government in a free community of equals leads constitutional analysis outside the boundaries of that political community. Openness to the experiences in self-government of other peoples is commonly assumed to undermine political legitimacy by loosing citizens’ control over their political fate. But is it possible that such openness might in fact render that control more effective? Could it actually enhance political and constitutional legitimacy? This paper articulates and defends the following claims: 1) The legitimacy of a political order is …