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Journal articles on the topic 'American Constitution'

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Published: 4 June 2021

Last updated: 10 March 2023

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1

Fröschl, Thomas. "Rezeption und Einfluss der American Constitution in den deutschen Verfassungsdebatten, 1789 bis 1949." Journal of Modern European History 6, no. 1 (2008): 38–57. http://dx.doi.org/10.17104/1611-8944_2008_1_38.

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Perception and Impact of the American Constitution on German Constitutional Debates, 1789–1949 This article considers the impact of the American federal constitution of 1787 on German constitutional debates. Its prime chronological focus is on the nineteenth century, as this time period has so far received relatively little systematic scholarly attention. The article examines both the political rhetoric that emphasised – and often exaggerated – American influences and the practical impact these debates had on constitutions in German-speaking countries. The article highlights the extreme comple

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Tarr, G. Alan. "Civil Liberties Under State Constitutions." Political Science Teacher 1, no. 4 (1988): 8–9. http://dx.doi.org/10.1017/s0896082800000362.

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Ask most political scientists about constitutional law, and they will tell you about the Federal Constitution and its interpretation by the U.S. Supreme Court. Examine a text on American constitutional law, and you will likely find the same tendency to equate constitutional law with the U.S. Constitution. Even the recent campaign for constitutional literacy during the Bicentennial of the Constitution altogether ignored the most obvious gap in Americans' constitutional knowledge—namely, the virtually total ignorance about state constitutions.This inattention to state constitutions and state con

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Graber, Mark A. "Why Interpret? Political Justification and American Constitutionalism." Review of Politics 56, no. 3 (1994): 415–40. http://dx.doi.org/10.1017/s0034670500018908.

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This article offers a new understanding of political justification and American constitutionalism. Previous scholarship relies on philosophical justifications of constitutionalism which regard the American Constitution as the blueprint of the good society. Such claims fail to explain why persons should interpret a constitution that does not conform to their conception of political justice. Scholars could offer better reasons for interpreting an imperfect constitution if they placed greater emphasis on two other models of political justification. Institutional justifications of constitutionalis

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Brown, Adam R., and Jeremy C. Pope. "Measuring and Manipulating Constitutional Evaluations in the States: Legitimacy Versus Veneration." American Politics Research 47, no. 5 (2018): 1135–61. http://dx.doi.org/10.1177/1532673x18776626.

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American civil religion places the U.S. Constitution on a pedestal. Although this veneration is well-documented, it is unclear where it originates and why other constitutions do not attract the same reverence. We develop a measure of constitutional respect and conduct a randomized survey experiment testing whether new information can change respondents’ evaluations of their state or national constitutions. We find that people do respond to new information about state constitutions, but not to information about the national document, suggesting that Americans view the U.S. Constitution with the

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Hammons, Christopher W. "Was James Madison Wrong? Rethinking the American Preference for Short, Framework-Oriented Constitutions." American Political Science Review 93, no. 4 (1999): 837–49. http://dx.doi.org/10.2307/2586116.

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American constitutional thought has long held that short, framework-oriented constitutions last longer than lengthy, statute-oriented constitutions. The longevity of the U.S. Constitution contributes heavily to this assumption. Not surprisingly, political scientists criticize state constitutions for their greater length and tendency to address issues better dealt with through ordinary statute law. These “defects” are frequently cited as responsible for the shorter lifespan of state constitutions. An examination of the 145 constitutions used by the American states since 1776, however, reveals a

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Reck, Andrew J. "The Philosophical Background of the American Constitution(s)." Royal Institute of Philosophy Supplement 19 (March 1985): 273–93. http://dx.doi.org/10.1017/s135824610000463x.

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The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal Constitution was prepared on the eve of the Constitutional Convention by

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Reck, Andrew J. "The Philosophical Background of the American Constitution(s)." Royal Institute of Philosophy Supplement 19 (March 1985): 273–93. http://dx.doi.org/10.1017/s0957042x00004636.

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The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal Constitution was prepared on the eve of the Constitutional Convention by

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Osuchowska, Marta, and Aleksandra Syryt. "Konstytucyjne podstawy wolności religijnej w wybranych państwach Europy i Ameryki Łacińskiej." Polski Przegląd Stosunków Miedzynarodowych, no. 5 (May 3, 2018): 89. http://dx.doi.org/10.21697/ppsm.2015.05.04.

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The constitutional basis for religious freedom in selected countries in Europe and Latin AmericaReligion helps man keep his own identity. It enables him to participate in a common heritage. The study provides the constitutional basis for religious freedom in the individual dimension in selected countries in Europe and Latin America. The authors discuss the provisions on religious freedom enshrined in the constitutions of Italy, Spain and Portugal, as well as Argentina, Chile and Colombia.The analysis leads to the conclusion that religious freedom is a human right protected both in the constitu

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Lewis, Andrew R., William D. Blake, Stephen T. Mockabee, and Amanda Friesen. "American Constitutional Faith and the Politics of Hermeneutics." Politics and Religion 13, no. 1 (2019): 57–88. http://dx.doi.org/10.1017/s175504831900021x.

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AbstractAs more debates in American politics become constitutional questions, effective citizens must engage in constitutional interpretation. While most Americans venerate the Constitution as a part of a national, civil religion, levels of constitutional knowledge are also very low. In this paper, we analyze how ordinary Americans approach the task of constitutional interpretation. An analysis of two cross-sectional surveys indicates constitutional hermeneutics are a product of political factors, religious affiliation, and biblical interpretive preferences. We also present the results of a su

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Hulsebosch, Daniel J. "The Ancient Constitution and the Expanding Empire: Sir Edward Coke's British Jurisprudence." Law and History Review 21, no. 3 (2003): 439–82. http://dx.doi.org/10.2307/3595117.

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One of the great, unrecognized ironies in Anglo-American constitutional history is that Sir Edward Coke, the seventeenth-century mythologist of the “ancient constitution” and the English jurist most celebrated in early America, did not believe that subjects enjoyed the common law and many related rights of Englishmen while overseas. “The common law,” Coke declared in Parliament in 1628, “meddles with nothing that is done beyond the seas.” The ancient constitution was an English constitution and, though non-English subjects of the English king could enjoy its liberties and privileges while in E

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BASSOK, OR. "Interpretative theories as roadmaps to constitutional identity: The case of the United States." Global Constitutionalism 4, no. 3 (2015): 289–327. http://dx.doi.org/10.1017/s2045381715000167.

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AbstractAs long as the American Constitution serves as the focal point of American identity, many constitutional interpretative theories also serve as roadmaps to various visions of American constitutional identity. Using the debate over the constitutionality of the Patient Protection and Affordable Care Act, I expose the identity dimension of various interpretative theories and analyse the differences between the roadmaps offered by them. I argue that according to each of these roadmaps, courts’ authority to review legislation is required in order to protect a certain vision of American const

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Kidd, Colin. "THE GRAIL OF ORIGINAL MEANING: USES OF THE PAST IN AMERICAN CONSTITUTIONAL THEORYProthero Lecture." Transactions of the Royal Historical Society 26 (September 29, 2016): 175–96. http://dx.doi.org/10.1017/s0080440116000104.

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ABSTRACTOriginalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late eighteenth-century Constitution, has become a prominent feature of contemporary American conservatism. Recovering the original meaning of the Constitution is far from straightforward, and raises major issues of historical interpretation. How far do the assumed historical underpinnings of originalist interpretation mesh with the findings of academic historians? To what extent has the conservative invocation of the Founding Fathers obscured a lost American Enlightenment? Nor is ‘tradition’ i

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Falcão, Monique, and Ricardo Falbo. "LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2018): 172–96. http://dx.doi.org/10.17768/pbl.v4i5-6.34432.

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This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenanc

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Falcão, Monique, and Ricardo Falbo. "LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2018): 172–96. http://dx.doi.org/10.17768/pbl.v4i5-6.p172-196.

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This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenanc

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Falcão, Monique, and Ricardo Falbo. "LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2017): 172–96. http://dx.doi.org/10.17768/pbl.y4.n5-6.p172-196.

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This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenanc

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Falcão, Monique, and Ricardo Falbo. "LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2018): 172–96. http://dx.doi.org/10.17768/pbl.y4n5-6.p172-196.

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This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenanc

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Lyons, David. "Constitutional Interpretation and Original Meaning." Social Philosophy and Policy 4, no. 1 (1986): 75–101. http://dx.doi.org/10.1017/s0265052500000443.

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I. CONSTITUTIONAL ORIGINALISMBy “originalism” I mean the familiar approach to constitutional adjudication that accords binding authority to the text of the Constitution or the intentions of its adopters. At least since Marbury, in which Chief Justice Marshall emphasized the significance of our Constitution's being a written document, originalism in one form or another has been a major theme in the American constitutional tradition.

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MARTÍNEZ CUEVAS, MARÍA DOLORES. "THE DEFENCE OF THE DEMOCRATIC CONSTITUTION IN EXTRAORDINARY CIRCUMSTANCES: THE LAW OF EXCEPTION IN COMPARATIVE LAW AND IN SPANISH CONSTITUTIONAL HISTORY." Spanish Journal of Legislative Studies, no. 3 (December 1, 2019): 1–29. http://dx.doi.org/10.21134/sjls.vi3.1394.

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Abstract: In this paper we examine the appropriateness and significance of the law of exception in the Spanish constitutional order. For this, we have examined the models of Comparative Law that Spain has followed to restore its disturbed constitutional order. Basically, historically, concern arose at the time of North American and French Revolutions of how to incorporate into the Constitution the institutions related to their protection. British singularity was also manifested in the way of understanding and including specific protection for the defence of the Constitution and the law of exce

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Glass, Maeve Herbert. "Bringing Back the States: A Congressional Perspective on the Fall of Slavery in America." Law & Social Inquiry 39, no. 04 (2014): 1028–56. http://dx.doi.org/10.1111/lsi.12111.

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In the aftermath of America's Civil War, national lawmakers who chronicled the fall of slavery described the North as a terrain of states whose representatives assembled in Congress, as evidenced in Henry Wilson's The Rise and Fall of the Slave Power in America (1872–77) and Alexander Stephens's A Constitutional View of the Late War Between the States (1868–70). Beginning in the early 1900s, scholars who helped establish the field of American constitutional history redescribed the national government as the voice of the Northern people and the foe of the states, as evidenced in Henry Wilson's

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Benewick, Robert. "Towards a Developmental Theory of Constitutionalism: The Chinese Case." Government and Opposition 33, no. 4 (1998): 442–61. http://dx.doi.org/10.1111/j.1477-7053.1998.tb00461.x.

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CONSTITUTIONS, CONSTITUTIONAL REFORM AND CONSTITUTIONAL conflict are once again commanding attention. The celebrations of the bicentennial of the American constitution, the implementation of constitutional reform in Canada, the Labour government's programme for constitutional change in the United Kingdom, the seemingly intractable conflict in Northern Ireland, and transfers of sovereignty to the European Union from its constituent states, testify to this. Equally, if not more challenging, have been the upheavals in Eastern Europe and the former Soviet Union and its reconstituted states, the ‘t

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Pankov, A. N. "CONSTITUTIONAL AND LEGAL DEVELOPMENT OF THE REPUBLIC OF THE PHILIPPINES AND PECULIARITGIES OF THE 1987 CONSTITUTION." MGIMO Review of International Relations, no. 4(31) (August 28, 2013): 275–81. http://dx.doi.org/10.24833/2071-8160-2013-4-31-275-281.

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The article analyzes the stages of constitutional development of the Philippines, the principles and characteristics of the various constitutional acts adopted in the American colonial period and after the country's legal independence. Particular attention is paid to the principles and the specific characteristics of the current constitution of 1987, as well as the constitution of 1935, which was the first basic law, which laid the foundations of western constitutional model and the basic principles characteristic of the constitutions of democratic countries, including progressive for that tim

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Martínez Dalmau, Rubén. "Democratic Constitutionalism and Constitutional Innovation in Ecuador." Latin American Perspectives 43, no. 1 (2015): 158–74. http://dx.doi.org/10.1177/0094582x15571277.

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Since the renewal of constituent power in the 1991 Colombian constitution, various democratic constitutions in Latin American countries have undertaken important structural changes in both the organization of public powers, the democratic legitimacy of power, and the constitutional reform of rights. Among these new constitutional texts in Latin America, the 2008 Ecuadorean constitution, with sumak kawsay (living well) as its axiological basis, stands out for its originality and theoretical advances as the first case of transitional constitutionalism. All these constitutions, however, are faced

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Gageler, Stephen. "James Bryce and the Australian Constitution." Federal Law Review 43, no. 2 (2015): 177–200. http://dx.doi.org/10.22145/flr.43.2.1.

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James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutio

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Rayment-Law, Eric. "The American Judiciary Through the Lens of The Federalist Papers." Agora: Political Science Undergraduate Journal 1 (March 27, 2011): 10–15. http://dx.doi.org/10.29173/agora10084.

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The manner in which a Supreme Court justice ought to rule in any given case before him or her is a controversial topic in America, with a number of American lawmakers feeling that each justice should exercise “judicial restraint.” Those who feel this way often subscribe to the interpretive strategies of strict construction or originalism, which both cast judges as activists who have a political agenda, imposing it on America while ignoring the Constitution. As a remedy to their grievances, constructionists propose that the constitutional text should be rigorously adhered to while constitutiona

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Lewis, John David. "CONSTITUTION AND FUNDAMENTAL LAW: THE LESSON OF CLASSICAL ATHENS." Social Philosophy and Policy 28, no. 1 (2010): 25–49. http://dx.doi.org/10.1017/s026505251000004x.

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AbstractThe question of what constitutions should do is deeply connected to what constitutions are. In the American founding conception, a constitution was a fundamental law, hierarchically superior to the decisions of the legislature, and intended to act as a restraint on legislative action. Despite the massive gulf between the ancient Greeks and the Americans, classical Athens offers an important lesson about how the failure to recognize fundamental laws can lead to catastrophic consequences. The evidence suggests that the Athenians understood the need for conceptual, procedural, and institu

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Ray, Clyde. "John Marshall, Marbury v. Madison, and the Construction of Constitutional Legitimacy." Law, Culture and the Humanities 15, no. 1 (2016): 205–26. http://dx.doi.org/10.1177/1743872116650867.

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This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall’s opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet mo

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Adkison, Danny M., and Lisa McNair Palmer. "American Government Textbooks and The Federalist Papers." Political Science Teacher 1, no. 1 (1988): 1–17. http://dx.doi.org/10.1017/s0896082800000015.

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It seems appropriate in this bicentennial year to examine the treatment introductory American government textbooks give the U.S. Constitution. Nearly every text devotes a chapter (typically, the second) to the events leading up to, and the writing of, the Constitution. But what of the political theory on which the Constitution is based? The Constitution, by itself, is too brief and devoid of theory to provide students with an overall assessment of that document. The source that is often relied upon by constitutional scholars to provide that theory is The Federalist Papers. It is the textbooks'

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Kalscheur, Gregory A. "Christian Scripture and American Scripture: An Instructive Analogy?" Journal of Law and Religion 21, no. 1 (2006): 101–42. http://dx.doi.org/10.1017/s0748081400002836.

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As a Jesuit priest whose ministry includes the teaching of constitutional law, I regularly struggle with the task of interpreting two foundational normative texts: the Bible and the U.S. Constitution. The Bible plays a central normative role in the life of the Church, while the Constitution provides a normative framework for American law and politics. These texts ground the ongoing lives of both the Church and the American political community. Both of these textually constituted communities face the challenge of appropriating for contemporary experience a normative text produced in a significa

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Pablo Contreras and Domingo Lovera. "A constitued constituent process? Chile’s failed attempt to replace Pinochet’s constitution (2013-2019)." Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito 13, no. 3 (2022): 297–314. http://dx.doi.org/10.4013/rechtd.2021.133.03.

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Chile’s 1980 constitution was forcibly imposed by a bloody dictatorship. Its original sin, however, was not the only democratic fault. The rules or constitutional locks were designed to have a protected democracy that limited the exercise of popular sovereignty. Until today, Chile is the only Latin American democracy that has not yet replaced the substantive normative grounds upon which the dictatorship cemented its power. The paper examines how the theory of constituted constituent power may have ambivalent results, by taking Chile’s case study. In particular, it assess the attempt of former

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Zuckert, Michael. "NATURAL RIGHTS AND IMPERIAL CONSTITUTIONALISM: THE AMERICAN REVOLUTION AND THE DEVELOPMENT OF THE AMERICAN AMALGAM." Social Philosophy and Policy 22, no. 1 (2005): 27–55. http://dx.doi.org/10.1017/s0265052505041026.

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Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in the Lockean mode. This approach misses, however, the way the Americans construed their positive or con

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Posner, Richard A. "National Security and Constitutional Law. Précis: The Constitution in a Time of National Emergency." Israel Law Review 42, no. 2 (2009): 217–24. http://dx.doi.org/10.1017/s0021223700000534.

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In my recent book Not a Suicide Pact: The Constitution in a Time of National Emergency (2006), I argue for a way of understanding constitutional law that would enable sensible adjustments to the pressures that arise when a nation is confronted with a serious threat to the safety or other well-being of its people; and I tried to show how the method that I was advocating could be used to resolve some of the constitutional issues that have arisen in the wake of the terrorist attacks on the United States of September 11, 2001. The analysis is limited to American constitutional law; whether it has

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Grubb, Farley. "Testing for the Economic Impact of the U.S. Constitution: Purchasing Power Parity Across the Colonies versus Across the States, 1748–1811." Journal of Economic History 70, no. 1 (2010): 118–45. http://dx.doi.org/10.1017/s0022050710000070.

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The U.S. Constitution removed real and monetary trade barriers between the states. By contrast, these states when they were British colonies exercised considerable real and monetary sovereignty over their borders. Purchasing power parity is used to measure how much economic integration between the states was gained in the decades after the Constitution's adoption compared with what existed among the same locations during the late colonial period. Using this measure, the short-run effect of the Constitution on economic integration was minimal. This may have been because the Constitution did not

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Pacheco Baldó, Rosa María. "American Constitution and the Spanish Constitutions of 1812 and 1978." HUMAN REVIEW. International Humanities Review / Revista Internacional de Humanidades 11, Monográfico (2022): 1–8. http://dx.doi.org/10.37467/revhuman.v11.4219.

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This paper analyses the American Constitution of 1787 and the Spanish Constitutions of 1812 and 1978. The objective is to analyse their structures and the changes they have undergone throughout history, to find differences that can be explained by the different cultural values that these two groups normally display. As will be seen, the cultural dimension of uncertainty avoidance, amongst others, is the one that has a greater presence in this study. The conclusions drawn from this study show that cultural groups change throughout history, but the cultural roots that they inherit seem to be pre

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NILSEN, HÅVARD FRIIS. "REPUBLICAN MONARCHY: THE NEO-ROMAN CONCEPT OF LIBERTY AND THE NORWEGIAN CONSTITUTION OF 1814." Modern Intellectual History 16, no. 1 (2017): 29–56. http://dx.doi.org/10.1017/s1479244317000191.

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The Norwegian Constitution of 1814 was the last in a series of European constitutions inspired by the American and French examples between 1776 and 1814 of which today the American and the Norwegian examples are the only two left. This paper revisits the debates preceding the Norwegian 17 May 1814 Constitution and argues that republican ideas of liberty as independence from arbitrary power formed the intellectual background and context of the debates. This breaks with standard narratives in Norwegian history where the constitution is described as an early example of liberalism. The republican

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Gritsenko, Elena. "Direct Effect of the Constitution: Specific Features of the Russian Model from a Comparative Perspective." Sravnitel noe konstitucionnoe obozrenie 30, no. 5 (2021): 76–117. http://dx.doi.org/10.21128/1812-7126-2021-5-76-117.

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The differences in the interpretation of the direct effect of a constitution are mainly caused by the peculiarities of understanding the essence of the constitution and the rule of law, the relation between the national, supranational and international law in a legal system, the specifics of the perceived constitutional concept of basic rights, the limits of private autonomy and the action of constitutional rights in public and private relations. Furthermore, a model of constitutional review and the national judicial system play a key part. The American approach, based on the distinction betwe

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Morciego, María Soledad Racet, and María Eugenia Grau Pirez. "Marco Constitucional de Protección a los Consumidores en Cuba. Apuntes a Propósito de la Constitución de 2019." REVISTA INTERNACIONAL CONSINTER DE DIREITO 14, no. 14 (2022): 513–32. http://dx.doi.org/10.19135/revista.consinter.00014.24.

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This article offers an assessment of the right to protection of consumers from its recognition as a fundamental right with its inclusion in the Cuban Constitution of 2019. It starts from a brief historical outline of the development of this right in the country, performs theoretical analysis about its nature, in addition to an exegetical analysis of the constitutional precept and the technical-legal configuration according to the theory of rights, as well as the legal comparison with other Latin American constitutions.

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Siburian, H. M. Sahat Radot. "Constitution Formulation and Amendment in Indonesian and American Legal System: A Comparative Study." Journal of Law and Legal Reform 3, no. 1 (2022): 39–66. http://dx.doi.org/10.15294/jllr.v3i1.49536.

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The purpose of this study is to find out the comparison of constitutional law in Indonesia and the United States in terms of the development of the constitution and the mechanism for changing the constitution (UUD). The method used in this research is in the form of legal research. The type of research used for this approach is normative legal research. As in the United States constitution, Article V regulates how to amend the constitution. Meanwhile, in Indonesia, the mechanism for this change is regulated in Article 37 of the 1945 Constitution (UUD). The United States and Indonesia are count

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Ball, Milner S. "Constitution, Court, Indian Tribes." American Bar Foundation Research Journal 12, no. 1 (1987): 1–140. http://dx.doi.org/10.1111/j.1747-4469.1987.tb00531.x.

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We claim that the “constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” But we also claim to recognize the sovereignty of Native American nations, the original occupants of the land. These claims—one to jurisdictional monopoly, the other to jurisdictional multiplicity— are irreconcilable. Two hundred years have produced no resolution of the contradiction except at the expense of the tribes and the loss to non-Indians of the Indians' gift of their diflerence. This article explores the bearing of American constitutional

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Moseley, James D. "The Constitution of 1787, Based on Reason and Revelation." Journal of Interdisciplinary Studies 30, no. 1 (2018): 145–68. http://dx.doi.org/10.5840/jis2018301/29.

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The framers of the U.S. Constitution of 1787 understood that its principles are those of the Declaration of Independence, based upon reason and revelation, “the laws of nature and nature’s God.” Yet, following so-called progressivism at the turn of the twentieth century, the principles of the American founding were questioned by historicism and moral relativism in the social sciences and humanities, with the most egregious effects today in constitutional law. This has been called “the crisis of the West.” Some perceive that the United States lacks a strong moral foundation, and call for redraw

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Ziller, Jacques. "National Constitutional Concepts in the New Constitution for Europe." European Constitutional Law Review 1, no. 2 (2005): 247–71. http://dx.doi.org/10.1017/s1574019605002476.

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Notion of constitutional concept varies over time and space. Constitution for Europe as a further step in guaranteeing rights and separating powers. Amongst others French, Italian, German and Swedish national concepts in the Treaties of the European Communities and of the European Union. Several causes for difficult tracing of national concepts in the Constitution for Europe. Convention method: instead of by diplomats and EU experts, drafting by members of Parliament and (former) members of Government. More room for national concepts. The Intergovernmental Conference: the Empire strikes back,

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Gibson, Josh. "The Chartists and the Constitution: Revisiting British Popular Constitutionalism." Journal of British Studies 56, no. 1 (2017): 70–90. http://dx.doi.org/10.1017/jbr.2016.121.

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AbstractDespite having a powerful influence on the historiography of radicalism and nineteenth-century politics for the past several decades, the language of the constitution has not recently received scholarly attention. In Chartist and radical historiography, the constitution is usually treated as a narrative of national political development. This article extends the horizons of Chartist constitutionalism by exploring its similarities with American constitutionalism. By doing so, it also opens up questions regarding the ideas of the movement. Like the Americans sixty years before, the Chart

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Driver, Justin. "The courts, the schools, and the Constitution." Phi Delta Kappan 100, no. 3 (2018): 14–17. http://dx.doi.org/10.1177/0031721718808258.

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Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation’s history. He traces four reasons for this growing intersection between schools and the courts. First, public schools touch a larger number of Americans than any other government institution. Second, decisions related to public schools present a lens through which to view American history. Third, cases involving schools

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Silverstein, Gordon. "One Constitution, Indivisible? The Insular Cases and American Constitutional Interpretation." PS: Political Science & Politics 50, no. 02 (2017): 520–24. http://dx.doi.org/10.1017/s1049096516003115.

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HARRIS, IAN. "PROFESSOR DWORKIN, THE AMERICAN CONSTITUTION AND A THIRD WAY." Cambridge Law Journal 57, no. 2 (1998): 284–300. http://dx.doi.org/10.1017/s0008197398000038.

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Ronald Dworkin wishes to read the UNITED States' constitution in terms of political principles, treating it as a source of law deriving from these. But the terms of the constitution, where they are not institutional, are mostly prohibitions and as such do not prescribe rights. Indeed the constitution on the whole does not prescribe rights, but instead refers to or enumerates rights which it does not prescribe. There are exceptions in the fifth and sixth Amendments, but as these explicitly prescribe rights this implies that the other constitutional terms are not prescriptive in this way. The vi

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McDowell, Gary L. "Coke, Corwin and the Constitution: The “Higher Law Background” Reconsidered." Review of Politics 55, no. 3 (1993): 393–420. http://dx.doi.org/10.1017/s0034670500017605.

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In recent years the debate over the nature and extent of judicial power in the United States has been dominated by questions concerning moral theory, unwritten constitutions, and natural law. In a significant sense, the contemporary discussion is but the continuation of the theory of judicial review first put forth by Edward S. Corwin in 1910–1911; it was this theory that the “higher law background” of American constitutional law derived from the dicta of Sir Edward Coke's opinion in Bonham's Case (1610) that was given its most complete expression in Corwin's famous two-part article in the Har

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Murphy, Paul L., and David Thelen. "The Constitution and American Life." American Journal of Legal History 34, no. 1 (1990): 95. http://dx.doi.org/10.2307/845359.

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Wunder, John R., and Leonard W. Levy. "Encyclopedia of the American Constitution." American Historical Review 92, no. 5 (1987): 1266. http://dx.doi.org/10.2307/1868618.

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Carver, Mary L. "The American Constitution and Religion." Journal of Church and State 57, no. 3 (2015): 574–76. http://dx.doi.org/10.1093/jcs/csv045.

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Kaminski, John P., Leonard W. Levy, and Kenneth L. Karst. "Encyclopedia of the American Constitution." Journal of American History 74, no. 4 (1988): 1409. http://dx.doi.org/10.2307/1894525.

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Burger, Warren E. "Obstacles to an American constitution." Journal of Legal History 8, no. 3 (1987): 237–43. http://dx.doi.org/10.1080/01440368708530906.

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