John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide s…
Biographical note: John O. McGinnis, Northwestern University; Michael B. Rappaport, University of San Diego. Main description: John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was…
"Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme…
John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide s…
The Max Planck Handbooks in European Public Law describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of Europ…
"The rights and obligations of states are determined by rules of international law. Indirectly though, they may also be controlled by specific legal methodologies used by international courts and tribunals when adjudicating matters involving states' measures and actions. The sta…
International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international …
Analisa as possibilidades e os limites de ações rescisórias relativas às decisões judiciais que adotem uma interpretação constitucional diferente da adotada pelo STF, guardião da Constituição. Discute o princípio constitucional da irretroatividade, a prescrição, a decadência, a …
