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Commonality and the Constitution : Applying Wal-Mart to State Court Cases

Seiner, Joseph - 2016

under the Constitution. This paper develops a normatively fair definition of commonality, identifying five core guideposts …. This Article helps define what commonality means under the Constitution, and the guideposts identified here will help …

Persistent link: https://www.econbiz.de/10013005036

Constitutional Castaways : Poverty and the Mclachlin Court

Jackman, Martha - 2015

The author argues that the Supreme Court has not fulfilled the expectations of marginalized groups that government action and inaction would be subject to Canadian Charter scrutiny. Instead it has perpetuated exclusion, disadvantage and discrimination against the poor. By exploring the few...

Persistent link: https://www.econbiz.de/10013035279

Rube Goldberg Meets the Constitution : The Supreme Court, Technology and the Fourth Amendment

Cloud, Morgan - 2016

Rube's drawings depict absurdly-connected machines functioning in extremely complex and roundabout ways to produce a simple end result; because of this Rube Goldberg has become associated with any convoluted system of achieving a basic task... While most machines work to make difficult tasks...

Persistent link: https://www.econbiz.de/10012983555

South African Constitutional Property Clause : Arbitrary Deprivation of Money – An Analysis of the Constitutional Court’s Application in Chevron SA (Pty) Ltd v Wilson [2015] ZACC 15

Badenhorst, Pieter - 2018

with the Constitution of the Republic of South Africa, 1996 (ZA) “on the basis that it permits arbitrary deprivation of … property in contravention of section 25(1) of the Constitution”. In terms of section 25(1) of the Constitution, property is … terms of section 36(1). Section 36(1) of the Constitution limits fundamental rights only in terms of a “law of general …

Persistent link: https://www.econbiz.de/10012911267

The Supreme Court’s Two Constitutions : A First Look at the 'Reverse Polarity' Cases

Hellman, Arthur D. - 2021

Constitution, with some rights printed in boldface and italics and others grayed out and indistinct on the page …

Persistent link: https://www.econbiz.de/10013235021

Grootboom and Beyond : Reassessing the Socio-Economic Jurisprudence of the South African Constitutional Court

Wesson, Murray - 2013

This article reviews the emergent socio-economic rights jurisprudence of the South African Constitutional Court, focusing particularly on the seminal case of Grootboom. The first part disputes a particularly prevalent characterisation of the Court's approach – namely, that it constitutes an...

Persistent link: https://www.econbiz.de/10013086149

Constitutional Courts as Autopoietic Organisations

Rogowski, Ralf - 2013

The chapter proposes to conceptualise constitutional courts as self-referentially operating, autopoietic systems. In a social systems theory perspective constitutional courts are autopoietic organisations which are capable of generating sufficient cognitive complexity in order to regulate...

Persistent link: https://www.econbiz.de/10013086546

Constitutional Courts and Consolidated Power

Issacharoff, Samuel - 2014

President Uribe to amend the constitution to permit a third term in office, despite the lack of reasoning to support the …

Persistent link: https://www.econbiz.de/10013053788

A Critique of Kosovo’s Internationalized Constitutional Court

Capussela, Andrea Lorenzo - 2014

The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects...

Persistent link: https://www.econbiz.de/10013055414

Should Local Governments Be Included in the Constitution? A Comparative Analysis Between the U.S. and Brazilian Supreme Courts’ Reasoning Regarding Annexation Laws

Arlota, Carolina - 2021

constitutional provisions, such as property rights, federalism, limitations to police powers, equality and, more specifically, the … Voting Rights Act. The United States Constitution is famously silent about local governments. In light of this omission and … focuses on annexation as proxy for local powers, and it compares the U.S. federalism scheme with the Brazilian unprecedented …

Persistent link: https://www.econbiz.de/10013229855