The power of judicial review is all too often regarded as something akin to an executive veto. When a court declares a statute unconstitutional or enjoins its enforcement, the disapproved …
T Ginsburg, M Versteeg - The Journal of Law, Economics, & …, 2014 - academic.oup.com
In recent decades, there has been a wide-ranging global movement towards constitutional review. This development poses important puzzles of political economy: Why would self …
Imagine a world where lawmakers enact a catalog of precisely tailored laws, specifying the exact behavior that is permitted in every situation. The lawmakers have enough information …
Some international tribunals, such as the Iran-US claims tribunal and the trade-dispute panels set up under GATT, are" dependent" in the sense that the judges are appointed by …
V Kesavan, MS Paulsen - Geo. Lj, 2002 - HeinOnline
Originalism is a theory working itself pure. And it still has a ways to go: One of the kinks not quite worked out in originalism as a theory of constitutional interpretation is the weight, if …
JO McGinnis, MB Rappaport - Nw. UL Rev., 2009 - HeinOnline
In this Article, we defend an interpretive approach that we call" original methods originalism." Under this approach, the Constitution should be interpreted using the interpretive methods …
LR Barroso - Revista Direito e Práxis, 2018 - e-publicacoes.uerj.br
O presente trabalho tem por propósito principal discutir os papeis das supremas cortes e tribunais constitucionais nas democracias contemporâneas. Procura demonstrar que essas …
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of …
As a candidate in the 2008 presidential election race, Barack Obama vigorously denounced the Bush Administration for what he argued were extreme and indefensible assertions of …