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Reflections on American Constitutionalism

Jan 1, 1990 ... Understanding American constitutionalism can be advanced by distinguishing three matrices of its peculiar traits. The first is the character of political institutions whose roots lie deeply inpre-mod- ern forms of authority. The pivotal role of the Constitution in the life of the nation, the vital energies of judicial ...


Civil Law's Influence on American Constitutionalism © Thomas H. Lee

borders until after the American Civil War (1861-65). Another innovation of American constitutionalism was judicial review: the adoption of a national court with ultimate authority to decide whether ordinary laws are consistent with a higher law embodied in the written constitution. But it is an anomaly of the institution of ...

Lee Civil Law Tradition NYU Final Draft.pdf

Latin American Constitutionalism: Social Rights and the â•œEngine

It has been accepted for inclusion in Notre Dame. Journal of International & Comparative Law by an authorized administrator of NDLScholarship. For more information, please contact [email protected] Recommended Citation. Gargarella, Roberto (2014) "Latin American Constitutionalism: Social Rights and the “Engine Room” ...


History "Lite" in Modern American Constitutionalism

COLUMBIA LAW REVIEW. VOL. 95 APRIL 1995 NO. 3. HISTORY "LITE" IN MODERN AMERICAN. CONSTITUTIONALISM. Martin S. Flaherty*. Let experience, the least fallible guide of human opinions, be appealed to for an answer to these inquiries. The Federalist No. 6. INTRODUCTION. Americans love to invoke history, ...


New Trends in Latin American Constitutionalism: An Overview

In this introduction to the issue on New Trends in Latin American Con- stitutionalism, Santiago Legarre offers his remarks at the opening of the con- ference on New Trends in Latin American Constitutionalism held at Notre. Dame Law School in 2013. After briefly recounting the origins of the con- ference, Legarre ...


Observations on Latin American Constitutionalism

OBSERVATIONS ON LATIN AMERICAN. CONSTITUTIONALISM *. LATIN AMERICAN CONSTITUTIONAL WEAKNESSES. Scholars are in substantial agreement that Latin American constitu- tionalism leaves much to be desired. First, there is the wide gap between constitutional formulations and actual political practice.


The Unraveling of American Constitutionalism: From Customary Law

American Constitutionalism: From Customary Law to Permanent Innovation. Joseph Baldacchino. National Humanities Institute. The nearly invariable response of those who are frustrated by court-imposed assaults on America's traditional culture is to pro- pose constitutional amendments crafted to maintain the status quo.


Towards a Typology of Latin American Constitutionalism, 1810-60

AMERICAN CONSTITUTIONALISM,. 1810-60. Roberto Gargarella. Universidad DiTella/UBA, Buenos Aires. Abstract: This paper presents a typology of different constitutional concept which are designed to help us classify the constitutional conceptions and deb that appeared in Latin America during the nineteenth century ...


the influence of american constitutionalism on south korea

Official contact between America and Korea dates back to the late 19th. Century. With the execution of the Treaty of Peace, Commerce and Navigation in 1882', the two countries entered into a long history of communication and cooperation. Sporadic references to American constitutionalism are found in late 19th century  ...


The English Radical Whig Origins of American Constitutionalism

ORIGINS OF AMERICAN CONSTITUTIONALISM son's letter to Madison so poignantly illustrates, use of the "whig" and. "tory" labels persisted well into the nineteenth century, even after the. Federalist party had met its demise and the Republicans had begun to split into the Jacksonian Democrats and the Whigs, the ...


Justice Story, Slavery, and the Natural Law Foundations of American

of American Constitutionalism. Christopher L.M. Eisgrubert. Justice Joseph Story proclaimed his opinion for the Supreme. Court in Prigg v. Pennsylvania to be a " triumph of freedom."' The. Court's decision in that 1842 case held unconstitutional a Pennsyl- vania law opposed by slaveholders because the statute interposed.


American Constitutionalism and the War for Independence

American Constitutionalism and the War for Independence. Herbert A. Johnson. Early American Studies: An Interdisciplinary Journal, Volume 14, Number. 1, Winter 2016, pp. 140-173 (Article). Published by University of Pennsylvania Press. DOI: For additional information about this article. Access provided by your local ...


american constitutionalism — written, unwritten, and living

AMERICAN CONSTITUTIONALISM — WRITTEN,. UNWRITTEN, AND LIVING. Akhil Reed Amar∗. I am grateful to Professor David Strauss for the care and generosity with which he has engaged America's Unwritten Constitution: The. Precedents and Principles We Live By.1. I am also grateful for Profes- sor Strauss's own ...


Radical Democracy and the “New Latin American Constitutionalism”

May 16, 2013 ... Radical Democracy and the “New Latin American Constitutionalism”. Javier Couso (UDP). I. Introduction. The state of the debate over democracy in Latin America has changed significantly in the last decade. While, on the one hand, most of the population and the intellectuals and politicians of the region ...


American Constitutionalism as Civil Religion: Notes of an Atheist

American Constitutionalism as Civil Religion: Notes of an Atheist. Duncan Kennedy'. People who study American eonstitutionalism refer often to religion as an analogy, or treat constitutionalism as a form of civil religion. I want to take this analogy to religion somewhat more seriously than seems to have been fashionable ...

American Constitutionalism as a Civil Religion.pdf

The Influences of Pennsylvania's 1776 Constitution on American

American Constitutionalism. During the Founding Decade. THE "FOUNDING DECADE" OF 1776-17861 included an in- tense and concentrated focus on written constitutional theory and practice.2 This decade witnessed the internal political struggle over, in Carl Becker's terms, "who should rule at home" as well as the ...


The Judicial Legacy of Louis Brandeis and the Nature of American

NATURE OF AMERICAN CONSTITUTIONALISM. Edward A. Purcell, Jr. *. I. INTRODUCTION. Famous as a lawyer, political activist, democratic theorist, ad- visor to presidents, and Justice of the United States Supreme Court,. Louis Dembitz Brandeis is unquestionably a major figure in Ameri- can history.1 The greatest part ...


Constituent Power and Constitutional Change in American

Modern constitutionalism involves a tension between the “constituent power” of the sovereign people and the constitutional forms that are intended to express and check this power. The idea of the people as constituent power, as the active creators of the constitutional order, is familiar in American constitutionalism.


The Language of Law and the Foundations of American

American Constitutionalism. Gary L. McDowell. University of Richmond, [email protected] Follow this and additional works at: http://scholarship. richmond.edu/bookshelf. Part of the Constitutional Law Commons. NOTE: This PDF preview of The Language of Law and the Foundations of American. Constitutionalism ...


Inter-American constitutionalism and judicial backlash Jorge

Inter-American constitutionalism and judicial backlash. Jorge Contesse. *. *** Draft for SELA 2017 Conference***. I. Introduction. The Inter-American Court of Human Rights has established itself as a prominent legal voice. In more than three decades of existence, its case law is widely cited—both in the. Americas as well as ...