Living to Fight Another Day: Judicial Deferral in Defense of Democracy
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 …
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 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 …
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 …
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 …
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 …
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 …
unconstitutional constitutional amendments, whereby courts invalidate amendments not on …
The Right to Amend State Constitutions
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 …
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 …
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
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 …
that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of …