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Working paper
In: Euroclio v.83
The deep economic crisis that Europe has been facing for several years can be seen as both a cause and a consequence of the political indecision with which the European Community or European Union has been living for so long now. The end-goal of this unique political project has never been clarified. While its objective - to guarantee peace, security, justice and wealth - was certainly explicit from the start and has been repeated in the various treaties underlying the Community or Union, the institutional and political means necessary to attain these goals have so far remained undetermined. I
In: Vanderbilt Law Review, Band 73, Heft 73
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Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism. The study analyzes original and existing survey data in order to better understand the demographic characteristics, legal views, political orientation, and cultural profile of those who self-identify as originalists. We conclude that rule of law concerns, support for politically conservative issue positions, and a cultural orientation toward moral traditionalism and libertarianism are all significant predictors of an individual preference for originalism. Our analysis suggests that originalism has currency not only as a legal proposition about constitutional interpretation, but also as a political commodity and as a culturally expressive idiom.
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In: Boston University Law Review, Band 92, S. 1129
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In: Essay on Law & Liberty, April 12, 2021
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In: Thomas Jefferson School of Law Research Paper No. 2638023
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In: University of Pennsylvania Journal of Constitutional Law, Band 13, S. 283
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In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 56, Heft 1, S. 191-212
ISSN: 0506-7286
This paper situates itself within existing feminist constitutionalism analyses by noting that constitutions and constitutional processes are gendered and that constitutional norms may have different consequences for different genders. However, it attempts to extend these existing theories to interrogate how, if at all, feminist constitutional approaches may make credible interventions into the national security architecture given in the constitution. To this end, this paper proposes 'living gender' as a model of analysis. This model requires a deliberate inclusion of gender in the architectural design of constitutional institutions, which in this case, is the Kenyan National Security Framework. As with most feminist approaches, living gender is sceptical of rights-based clauses on equality and non-discrimination that do not interrogate the underlying masculine structures of constitutions. In this paper, I propose a three-pronged approach, including, ontological, locus and content concerns. To test this model, this paper uses the national security architecture in the Constitution of Kenya, 2010 as a case study.
In: CASIHR Journal on Human Rights Practice (JHRP) | Forthcoming
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Constitutions can be seen either as defensive mechanisms for protecting liberty, as suggested by the metaphor of entrenchment, or as weapons to eliminate injustice, as suggested by the metaphor of striking down unconstitutional legislation. In his statement on originalism in support of then-Judge Gorsuch's appointment to the Supreme Court of the United States, Lawrence Solum eloquently defends the former, defensive view, and argues that originalist interpretation is more consonant with it than living constitutionalism. This comment supports Professor Solum's position by reference to some Canadian cases in which living constitutionalism could have been, has arguably been, or may well become a source of danger to the rights and liberties of citizens.
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In: 110 Northwestern University Law Review 299 (2016)
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In: THE CHALLENGE OF ORIGINALISM: THEORIES OF CONSTITUTIONAL INTERPRETATION, Grant Huscroft and Bradley W. Miller, eds., Cambridge University Press, 2011
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Intro -- Contents -- Introduction -- 1. The Evangelical Challenge to American Constitutionalism -- 2. Moral Reform and Constitutional Adjudication, 1830-1854 -- 3. The Triumph of Evangelical Public Morality in the States -- 4. The Triumph of Evangelical Public Morality in the Supreme Court -- 5. Reexamining the Collapse of the Old Order -- Conclusion: The Evangelical Origins of the Modern Constitutional Order -- Notes -- Acknowledgments -- Index.