Living to Fight Another Day: Judicial Deferral in Defense of Democracy

R Dixon, S Issacharoff - Wis. L. Rev., 2016 - HeinOnline
American constitutional law assumes that a constitutional ruling yields an immediate
controlling result. When earlier this year in Obergefell v. Hodges' the Supreme Court voted …

Constitutional identity, unconstitutional amendments and the idea of constituent power: the development of the doctrine of constitutional identity in German …

M Polzin - International journal of constitutional law, 2016 - academic.oup.com
The article examines how the concept of constitutional identity has evolved in German
constitutional history since 1871, the year of entry into force of the first Germany-wide …

Constitutional Identity as a Constructed Reality and a Restless Soul

M Polzin - German Law Journal, 2017 - cambridge.org
The notion of constitutional identity is a recent and enigmatic notion in constitutional law and
theory. This Article demonstrates that constitutional identity—understood as a certain …

When more leads to more: Constitutional amendments and interpretation in mexico 1917-2020

A Pozas-Loyo, C Saavedra-Herrera… - Law & social …, 2022 - cambridge.org
Mexico's 1917 Constitution has gone through 737 reforms; no other codified constitution has
been subjected to such a constant pattern of renewal through amendment. We argue that …

Unconstitutional Constitutional Change by Courts

Y Roznai - New Eng. L. Rev., 2016 - HeinOnline
Iam delighted to be given the opportunity to offer some brief observations following the
fascinating essay by Jon Marshfield on how state courts participate in informal constitutional …

Elite institutionalism and judicial assertiveness in the Supreme Court of India

M Mate - Temp. Int'l & Comp. LJ, 2014 - HeinOnline
In the 1970s and 1980s, the Supreme Court of India drew scholarly attention globally for its
burgeoning jurisprudence of rights and its activism in public interest litigation (PIL) cases …

The Unconstitutional Constitutional Amendment Doctrine in the American States: State Court Review of State Constitutional Amendments

J Dinan - Rutgers UL Rev., 2019 - HeinOnline
Judges and scholars in various countries have recently embraced the doctrine of
unconstitutional constitutional amendments, whereby courts invalidate amendments not on …

The Right to Amend State Constitutions

J Bulman-Pozen, M Seifter - Yale LJF, 2023 - HeinOnline
This Essay explores the people's right to amend state constitutions and threats to that right
today. It explains how democratic proportionality review can help courts distinguish …

Comparative constitutional law as a window on democratic institutions

S Issacharoff - Comparative judicial review, 2018 - elgaronline.com
The preamble to the 1948 Universal Declaration of Human Rights compelled a central
commitment to the proposition that “[a] ll human beings are born free and equal in dignity …

A Constitutional Theory of Territoriality: The Case of Puerto Rico

J Colón-Ríos, Y Roznai - Cleveland …, 2022 - engagedscholarship.csuohio.edu
This Article offers an analysis of the relationship between Puerto Rico and the United States
that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of …