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Social and Behavioral Sciences Commons

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Articles 1 - 13 of 13

Full-Text Articles in Social and Behavioral Sciences

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie Oct 1992

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.


A Symbolic Balanced Budget Amendment, Neal Devins Oct 1992

A Symbolic Balanced Budget Amendment, Neal Devins

Faculty Publications

No abstract provided.


Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.


The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein Jul 1992

The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein

Osgoode Hall Law Journal

Much of the literature on the Charter has focused on the manner in which the courts have interpreted the document. This essay examines the Charter from another perspective-its impact on the policy process within government. Drawing on a series of papers prepared by senior government officials at both the federal and provincial levels, the authors argue that the Charter has permanently changed the way in which governments formulate and implement public policy in Canada. Virtually all policy proposals making their way to the Cabinet table must be examined to ensure that they conform to the requirements of the Charter. This …


Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank Jun 1992

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol May 1992

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol

William & Mary Law Review

No abstract provided.


Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg Mar 1992

Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg

BYU Law Review

No abstract provided.


American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson Jan 1992

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Law Faculty Articles and Essays

The concept of nonjusticiability, reflected primarily through the “political question” and the “standing” doctrines, fails to give the Supreme Court (and the rest of us) adequate guidance on how to resolve many constitutional disputes, such as impeachment procedures and standards, congressional expulsions, the scope of federal court jurisdiction, and the use of force abroad. These two doctrines put the Supreme Court on the horns of a false dichotomy. The Court tends to withdraw completely from an issue and from enforcing a textual passage, such as the Republican Guarantee Clause, whenever it makes a determination of nonjusticiability. Conversely, once the Court …


Police Abuse: Can The Violence Be Contained?, David Rudovsky Jan 1992

Police Abuse: Can The Violence Be Contained?, David Rudovsky

All Faculty Scholarship

No abstract provided.


Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen Jan 1992

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Charles E. Lindblom, Richard Adelstein Dec 1991

Charles E. Lindblom, Richard Adelstein

Richard Adelstein

An intellectual biography and review of the work of Charles E. Lindblom.


Continuity And Change Redux: Market And State In American History, Richard Adelstein Dec 1991

Continuity And Change Redux: Market And State In American History, Richard Adelstein

Richard Adelstein

A review of Jonathan Hughes, The Government Habit Redux (1991).


Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet Dec 1991

Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.