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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
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
A Symbolic Balanced Budget Amendment, Neal Devins
A Symbolic Balanced Budget Amendment, Neal Devins
Faculty Publications
No abstract provided.
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
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
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
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
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
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
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
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
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Charles E. Lindblom, Richard Adelstein
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
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
Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.