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Xavier Cortada’s Images of Constitutional Rights
In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law.

Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.
Courts of some Nordic countries started reviewing the constitutionality of legislation long before judicial review was established elsewhere in Europe. This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present.
The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades.
The author then shows how the changes that took place in American constitutional jurisprudence in the 1930s and 1940s influenced Nordic constitutional theory and constitutional jurisprudence. These changes received significant attention in Nordic legal circles and the study examines how these changes, as well as the American and Nordic theory that built on them, influenced Nordic jurisprudence.
Finally, it is argued that American influence in this area of law changed after 1965. Direct references to and discussions of American law almost disappeared from Nordic jurisprudence. American constitutional law was, however, an important influence on the case-law of the European Court of Human Rights, which importance increased in this period. The European Convention of Human Rights and the Court’s decisions have in turn immensely influenced Nordic constitutional law.

referees for thought-provoking questions and suggestions. All websites cited in this article have been last viewed on December 3, 2009. Th e Muslim-Majority Character of Israeli Constitutional Law Adam S. Hofri-Winogradow * Hebrew University, Jerusalem Abstract Th is article off ers a novel interpretation

In: Middle East Law and Governance
Author: Sonu Bedi

Defense * Sonu Bedi Assistant Professor Department of Government, Dartmouth College 6108 Silsby Hall, Hanover, NH 03755, USA Sonu.S.Bedi@dartmouth.edu Abstract Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on

In: Journal of Moral Philosophy

non-English native students, the major question to address on the part of professors (in my case, of Comparative Constitutional Law ( ccl ) scholars) is if, through emi as a lingua franca , we teach exactly the same thing in the same way only in a different language, or if something needs to be

In: European Journal of Comparative Law and Governance

Constitutional law emerged as a distinct field of law in the 18th century, when the legal systems of Europe became subdivided into private law or civil law, civil procedure, criminal law, criminal procedure, and administrative law (German Polizeyrecht and political laws). Like private and criminal

Nijhoff Studies in European Union Law is a refereed scholarly monographs series dedicated to the critical analysis of the current state and development of European Union law in a broad sense. Apart from constitutional, institutional and substantive issues of EU law, the series also embraces state-of-the-art interdisciplinary, comparative law and EU policies research with a clear link to European integration. Titles in the Nijhoff Studies in European Union Law series will be of particular interest to academics, policy makers and practitioners dealing with EU law and policies, as well as national and international (non) governmental institutions and bodies.

Authors are cordially invited to submit proposals and/or full manuscripts to Ingeborg van der Laan.

University; Attorney, New York. 1 Identifying General Links between Domestic and International Legal Spheres Investor-State tribunals may hear disputes whose facts are interwoven into issues of constitutional law. 1 This underscores that domestic legal provisions are generally cognizable as facts

In: The Journal of World Investment & Trade

Abstract

The Bill for a Faroese Constitution [StjórnarskipanFøroya] submitted to Parliament [Løgtingið] on 6 March 2010, proposes a comprehensive Constitution for the Faroe Islands, for the first in history. This seems left somewhat on the late side, since the Faroes are an ancient polity with similar historic developments to Norway and Iceland, both of which got their full-bodied constitutions as sub-sovereign entities, in 1814 and 1874 respectively. Furthermore, few metropolitan powers should prima facie be more accommodating to sub-sovereign constitutions as Denmark, to whose Crown the Faroes have been associated, as she has historically recognised both an Icelandic constitution ‘besides’ and both a Common Constitution1 and EU quasifederal2 structure ‘above’ the Danish one. However, the same proud civil service that produced a beautiful construction of federation with the ‘Basic-Law on the Rights of Nationality’ of 1756 with its elaborate hierarchy of ‘Realms and Lands’ and ‘equivalents’ has perplexingly advised rather strongly against the proposed expression of popular sovereignty of the equivalent Nation of one of these Lands and the intended invitation to continue a long-standing peaceful plurality. In a Note of 2 June 2010, and a supplementary Note of 20 June 2011, the Danish Justice Ministry expressed the disgust of the Danish administrative establishment. The critique mostly focused on the supposed collision course with the Basic Law of the Danish Realm [groundless] and claimed that the Faroese Constitution would create considerable ‘doubt of a constitutional character.’ We argue that the issues raised do not follow from any convincing constitutional doctrine but are more ideological and based on an anti-pragmatic, a-historic and fundamentalist view of constitutional law, best categorised as late-late statutory positivism. As an alternative, we suggest the tradition of the Home Rule compact as a pragmatic and constructive disagreement that the Justice Ministry is about to abandon at its peril. Blocking the development of a living constitutional culture on the Faroe Islands will create tension that will be released somehow. The Ministry’s preoccupation with the proclamation that all power stems from the People of the Faroe Islands is at odds with the classic and almost trivial democratic notion of popular sovereignty. However, this is but the latest skirmish in a larger tragic and unnecessary campaign against realism and, indeed, reality that creates all sorts of problems for a small polity that needs to focus on principled solutions and gradual developments of the particulars of law in all fields.

In: The Yearbook of Polar Law Online