The Framework Model and Constitutional Interpretation, Jack M. Balkin, Posted on May 20, 2015
Constitution is perceived as a
basic framework that permits and facilitates political development. Its development
need not be only through formal amendments, but in constitutional practice as
well. It is argued that “[c]onstitutional construction is a dialectical process involving all
branches of government as well as civil society, which together build out the
constitution over time. The framework is unfinished and undergoes a continuous
process of construction by different agents. “
2. Deference
and Due Process,
Adrian Vermeule, Posted on
May 27, 2015
Procedural due process is no more a judicial enterprise. The
crux of the argument is that “the courts for their part often defer, explicitly or implicitly, to
agencies’ due process decisions.”
3. The
Difficulty of Constitutional Amendment in Canada, Richard Albert , Posted on
May 24, 2015
Author renders how
extra constitutional measures make amendment tougher than US constitution. The
question raised is how these extra textual sources affect democracy and
undermines the ‘purpose of writtenness’.
4. The
Unamendable Core of the United States Constitution, Richard Albert , Posted on
May 2, 2015
http://ssrn.com/abstract=2601646
Technically US
constitution have no limitation on amending any part but the author argues that
“if the Constitution is to remain internally coherent, the informal
unamendability of the First Amendment’s democratic rights may be a condition
precedent to the Constitution’s promise of robust democracy.” It is further
said that unamedability “is more effective as a declaration of importance than
as a referent for judicial enforceability”
This paper is a
look into constitutional history of Canada and its quest for identity.
6. Eternal
Territory? The Crimean Crisis and Ukraine's Territorial Integrity as an
UnamendablePrinciple, Yaniv Roznai , Silvia Suteu , Posted on
May 5, 2015
http://ssrn.com/abstract=2602762
“This article reflects on the
protection of territorial integrity in the Ukrainian constitution, and
especially within its provision of unamendability, against the backdrop of the
2014 Crimean crisis.”
7. On
Resilience of Constitutions. What Makes Constitutions Resistant to External
Shocks?, Xenophon Contiades , Alkmene Fotiadou , Posted
on March 7, 2015
http://ssrn.com/abstract=2603164
The paper examines how constitutions respond to financial crisis and
similar external shocks. Explores the contents in constitution that makes it
resilient.
8.
The
Architecture of Constitutional Time, Richard Alexander Izquierdo , May 1, 2015
This is a
reflection and variance to Bruce Ackerman’s ‘We the People’ series.
9.
Conditionality
as Opposed to Severability, Tom Campbell , Posted
on May 20, 2015
The paper carries a part of debate on the fate of statute held partially
unconstitutional. Author’s argument is that rest of the statute also should go.
10. Constitutional Limits to Paternalistic
Nudging: A Proportionality Assessment, Anne Van Aaken, Posted on
May 14, 2015
11. Foreign Precedent in State Constitutional
Interpretation,
Jonathan L. Marshfield ,
Posted on May 26, 2015
12. Centralising Authority: Comparing Executive
Power in India and Sri Lanka, Rehan Abeyratne, Posted
on May 5, 2015
13.
Negotiating
Federalism and the Structural Constitution: Navigating the Separation of Powers
Both Vertically and Horizontally (A Response to Aziz Huq), Erin Ryan, Posted
on May 6, 2015.http://ssrn.com/abstract=2602581
14. Religion and Constitutionalism: Oscillations
Along a Continuum,
Paul T. Babie , Posted on
May 13, 2015
“This review article analyses
three books published between 2010 and 2013 and explores the ways in which a
nation, secular or otherwise, can deal with religion within its borders, both
legally and socially.”
15. Parliamentary
Sovereignty as a Barrier to a Treaty-Based Partnership, Lydia O'Hagan,
Posted on May 13, 2015
16. Public Involvement and Constitutional
Theocracy in Iran,
Shabnam Haji , Posted on
May 6, 2015.
17. The Constitution of the Netherlands at 200:
Adaptive Capacity and Constitutional Rigidity, Reijer Passchier , Posted
on May 18, 2015
A constitution aged two centuries
is a good guide to other nations to learn how it withstood the test of time.
18. Equality
Constitutional Adjudication in South Africa, Anne Smith, Posted on 25 May, 2015
19. We the People? – Theorising Constitutional
Democratic Legitimacy to Reflect on and Enrich New Zealand’s Constitution, Georgia Lockie ,
Posted on May 13, 2015
Major theme of the
paper is democratic legitimacy and how it enriches the constitution. Uses Bruce
Ackerman’s “We the People” as foundation for enquiry.
20. Institutional Developments, Academic Debates
and Legal Practices on the Constitutional Review in China: 2000–2013, X.Yang Cheng , Posted on
May 15, 2014
Judicial review in
China has its own meaning and content. National People’s Congress Review Model has
been established since the 1982 Constitution, which is known for being
inactive. The article explores a way to reform the review system within limits
permitted.
21. Legislative Review Under Article 14, Tarunabh Khaitan , May 12,
2015
This is a chapter
in the Oxford Handbook of Indian Constitutional Law. Explains two existing
doctrines that hold the field of legislative review in India; the doctrine of
classification and the doctrine of arbitrariness. The central argument is as
follows “(a) the
classification test (or the unreasonable comparison test) continues to be
applied for testing the constitutionality of classificatory rules (whether or
not legislative in character); (b) it is a limited and highly formalistic test
applied deferentially; (c) the arbitrariness test is really a test of
unreasonableness of measures which do not entail comparison (hence labelled
non-comparative unreasonableness); (d) its supposed connection with the right
to equality is based on a conceptual misunderstanding of the requirements of
the rule of law; and (e) courts are unlikely to apply it to legislative review
(in the actor-sensitive sense). The way forward is to beef up the
classification doctrine to realise its true potential, and abandon the
arbitrariness doctrine with respect to actor-sensitive legislative review.”
22. HIV and the South African Constitution:
Claiming Rights to Combat an Epidemic, Timothy Fish Hodgson , Mark Heywood , Posted on
May 25, 2015
23. Civil
Society and Constitutional Reform in Africa: A Case of Ghana, Mawuse Hor Vormawor , Raymond
Atuguba
This is an attempt to consolidate
the contribution civil society has made to the making and reform of democracy
and constitution in Ghana. The connect between the civil society and the
process has not been smooth and is assessed to be suboptimal.
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