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In the Israeli case, judicial empowerment has come primarily through judicial initiative rather than emerging from majoritarian institutions or strategic considerations relating to electoral politics. Justices with deep commitments to political-liberal rights engaged in a decades-long process of entrenching a political-liberal rights regime through jurisprudence. At the heart of this sea change in Israeli politics was a shift in ideas.

Unlike most works in constitutional theory, which focus on the role of the courts, this book, first published in 2006, addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system

From the moment Donald Trump was elected president, critics have anguished over a breakdown in constitutional norms. History demonstrates, however, that constitutional norms are perpetually in flux. The principal source of instability is not that these unwritten rules can be destroyed by politicians who deny their legitimacy, their validity, or their value. Rather, the principal source of instability is that constitutional norms can be decomposed – dynamically interpreted and applied in ways that are held out as compliant but end up limiting their capacity to constrain the conduct of government officials. This Article calls attention to that latent instability and, in so doing, begins to taxonomize and theorize the structure of constitutional norm change. We explore some of the different modes in which unwritten norms break down in our constitutional system and the different dangers and opportunities associated with each. Moreover, we argue that under certain plausible conditions, it will be more worrisome when norms are subtly revised than when they are openly flouted. This somewhat paradoxical argument suggests that many commentators have been misjudging our current moment: President Trump's flagrant defiance of norms may not be as big a threat to our constitutional democracy as the more complex deterioration of norms underway in other institutions.

This Article provides a counterbalance to current trends in the constitutional interpretation debate. First, the Article is addressed not only to academic experts but also to practicing lawyers, law students, government officials, and academics that are interested but not expert in the process of constitutional interpretation. Second, the Article emphasizes the common ground or agreement about interpretation as much as the disagreements, and offers a synthesis of the interpretive process that charts the common ground and models the best of current understanding. Third, the Article relates theory to practice by exploring the ramifications of this synthesis for courts, other interpreters, and those making or critiquing constitutional arguments in practice. Fourth, the Article suggests specific steps that we might take, building on the synthesis, to further our understanding of and improve the functioning of the process of constitutional interpretation. To accomplish these goals, the Article proceeds largely by constructing a descriptive theory that provides an account of the interpretive process as it actually exists in practice and an account of the disagreements that have developed concerning this process. In addition, the Article includes some normative theory prescribing how the interpretive process should function in areas where there is considerable doubt and disagreement about its workings, or where the apparent practice, in the author's view, is misguided or underdeveloped. In these areas, the Article seeks to select, from among the plausible descriptive theories, the one that guides future conduct in the most normatively attractive way.

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud ================================== Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious ================================== Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings ================================== Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime ================================== Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors ================================== Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation ================================== Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to Representatives of Shareholders =================================== Criminal Law--Defenses--Rejection of the Durham Rule as the Test of Insanity =================================== Evidence--Admissibility--Res Judicata in Criminal Actions ==================================== Federal Jurisdiction and Procedure--Mandamus--Appellate Review of Interlocutory Order ==================================== Federal Jurisdiction and Procedure--Venue--Action Against Corporation for Patent Infringement ==================================== Habeas Corpus--Jurisdiction of Criminal Court--Collateral Attack Limited to Defects On Face of Record ==================================== Income Taxation--Distribution of Corporate Earnings--Premiums on Life Insurance Policy to Fund Pension Contract with Shareholder-Officer ==================================== Judgments--Res Judicata--Effect of State Court Determination of Patent Infringement as ...

""Constitution" is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines "constitutional moments" in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz"--

Nations around the world are facing various crises of ineffective government. Basic governmental functions-protecting rights, preventing violence, and promoting material well-being-are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores "effective government" as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights