Separation of Powers Rests on Trust, Not Force The Constitution's separation of powers was designed not as a luxury, but as a shield. Each branch was given its own sphere to prevent tyranny: Congress to legislate, the President to... more
Impresión: PUBLIDISA Reservados todos los derechos. No se permite reproducir, almacenar en sistemas de recuperación de la información ni transmitir alguna parte de esta publicación, cualquiera que sea el medio empleado -electrónico,... more
This study critically examines the judicial treatment of sex workers in Ogun State, Nigeria, focusing on high court rulings, judicial attitudes, and systemic biases that shape access to justice. Using a mixed-methods approach, including... more
has been with the National Center for State Courts since 2000. Her current work examines policy and social implications of jury procedures. David B. Rottman is a Principal Researcher at the National Center for State Courts, where he has... more
The Constitution of Kenya 2010 dedicates Chapter 16 to its amendments via parliamentary and popular initiative amendments. This research critically analyses the central role of the Kenyan people as the supreme sovereign in post-2010... more
There are many ways to conceptualize what it means to have access to justice in the California courts, and the degree to which Californians are able to access justice meaningfully does not rest on any one aspect of the judicial branch.... more
Cleburne Living Center, of why it would not grant suspect cass status to the mentally retarded Cleburne s explanation allows a comparison of Congress s and the Court' abilities to determine whether a classification runs a highnIsk of... more
SECTION 1: BACKGROUND OF THE CASE
The concept of "hope of life," while not explicitly codified as a standalone legal term, resonates deeply within the jurisprudential fabric of Ghana. It encapsulates the fundamental expectation and legally protected right of every... more
Depuis plus d'un an, la détention en Iran du ressortissant belge Olivier Vandecasteele mobilise, outre l'opinion publique, les pouvoirs législatif, exécutif et judiciaire. À cet égard, les interventions à géométrie variable de la Cour... more
On October 25 and 26, 2007, the Comparative Law Research Unit (UMR) of the University of Paris I, in collaboration with the Cardozo School of Law and the New York University School of Law, organized a conference aimed at providing a... more
After recalling the context and constraints of interpretation by the Belgian constitutional judge, the text identifies the interpretive theory followed by the Constitutional Court and then outlines the major trends and methods used.... more
This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts... more
Abstract The debate between Prof. Munyonzwe Hamalengwa and Dr. Lawrence Mwelwa over the Pule precedent highlights a critical constitutional and jurisprudential discourse in Zambia. The Pule decision, which affirmed former President Edgar... more
Salat, or Islamic prayers, is central to Muslim devotion globally. However, different schools of Islamic jurisprudence interpret and apply Salat uniquely. The Maliki school stands out for its distinct approach, influencing how Salat is... more
Cleburne Living Center, of why it would not grant suspect cass status to the mentally retarded Cleburne s explanation allows a comparison of Congress s and the Court' abilities to determine whether a classification runs a highnIsk of... more
In this special issue we will address some of the clichés present in the study of comparative federalism. In so doing we shall focus on little-explored federalising processes that are undergoing significant evolution or require different... more
This paper critically analyzes Prof. Munyonzwe Hamalengwa's thesis advocating for the Constitutional Court of Zambia to vacate its third-term precedent concerning former President Edgar Lungu's eligibility to run for office again.... more
RESUMEN Este artículo analiza la noción de "neuroderechos" del siguiente modo: primero, interpretando el nuevo inciso final del artículo 19 N°1, del texto constitucional chileno reformado por la ley 21.383 que modifica la Carta... more
A statute is never so explicit that all possible questions about its application are clearly defined. Interpretations of law can almost always be questioned. When statutes are questioned, the American judiciary is charged with accurately... more
Boyd School of Law. In the interest of full disclosure: the author of this article consults regularly with the Clark County Public Defender on criminal cases. However, the author was not involved in any of the cases described and is not... more
UMI, ProQuest ® Dissertations & Theses. The world's most comprehensive collection of dissertations and theses. Learn more... ProQuest, Essays on the economics of judicial independence and the effectiveness of criminal defense. ...
In the Twentieth Century, Congress' power to enact civil rights legislation, and make it privately enforceable against states and private parties, became widely recognized as one of the most important functions of the federal government.... more
In Bostock v. Clayton County, the Supreme Court issued a landmark holding that allowed workplace protections for the LGBTQ+ community, including transgender people, to be subsumed into the Title VII provision prohibiting "sex"... more
Sen. Schumer: "You would disagree that there is no general right to privacy in the Constitution?" Judge John Roberts: "I wouldn't use the phrase 'general' because I don't know what that means." 1 I.
Indecent exposure has been a crime in America since colonial times. Laws governing this crime are a cornerstone of government regulation of morals in America, sharing a common history with the jurisprudence of religion, obscenity,... more
In 1803, the Supreme Court of the U.S. gave a judgment in the case of Marbury v. Madison. The 220th anniversary of this event is a good occasion to describe the Polish model of constitutional review in the context of the American-style... more
The desirability of such diverse interpretations of "whole qualified electors" is questionable. Recent action of the Pennsylvania Legislature indicates the confusion and slips to which the multiple definitions can lead. Act No. 123,... more
for their insightful comments. Thanks also to Corey Longhurst for his invaluable research assistance.
He did not want an opinion that regarded gay rights advocates as-a manipulative lobby group‖ or their religious opponents as-a bunch of benighted bigots.‖ 3 Rather, he wanted both sides to feel that their-convictions, values, and... more
This Article explores one Katrina-law problem: the plight of the poor, unrepresented and uncharged prisoners. It attempts to explain why these detainees were unrepresented and abandoned and how we might better guarantee the quality of... more
1020 (2d College ed. 1982). 2. See, e.g., R. CHERRY. DISCRIMINATION: ITS ECONOMIC IMPACT ON BLACKS, WOMEN AND JEWS 69-91 (1989); M. CLINARD, SOCIOLOGY OF DEVIANT BEHAVIOR 677-96 (3d ed. 1968). 3. This nomenclature was carefully selected... more
Does a judicial decision that vindicates minority rights inevitably give birth to a special kind of backlash, a more virulent reaction than legislation achieving the same result would produce? We examine this question with respect to Roe... more
Island, burned to death in her inner parlor while her son and daughter-in-law, Thomas and Sarah, six children, a border, and a visitor ate supper seemingly unaware of the "Unhappie accident" occurring a few scant feet away as they passed... more
Eleven years have passed since Elena Kagan’s appointment to the United States Supreme Court. Kagan’s confirmation hearings were stifled with doubts concerning her lack of experience practicing law and outright absence of judicial... more