"To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Co…
The modern period of American constitutional law - the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954) - has brought persistent and vigorous debate about whether the Court has been enforcing the Constitution…
In the modern period of American constitutional law-the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)-there has been a persistent and vigorous debate in the United States about whether the Court has merely…
This work, innovatively interpreting Japanese politics as a 'benign elite democracy', demonstrates the Supreme Court's vital contribution to that political structure. Hiroshi Itoh presents a study of judicial decision making under Japan's Constitution, focusing on the document's…
Introduction -- Reasoning and legal reasoning -- Incompletely theorized agreements -- Analogical reasoning -- Trimming -- Understanding (and misunderstanding) the rule of law -- In defense of casuistry -- Without reasons, without rules -- Adapting rules, privately and publicly -…
Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly imple…
The United States Constitution is the foundational document of the longest and most successful democratic experiment in modern human history. It not only serves as the legal bedrock for the world's most powerful nation-state but also, more broadly, reflects that nation's fundame…
Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the c…
