Courts, Constitutionalism, and State Capacity: A Preliminary Inquiry
نویسندگان
چکیده
Abstract Modern constitutional theory deals almost exclusively with the mechanisms for controlling exercise of public power. In particular, focus scholars lies in explaining and justifying how courts can effectively keep power within bounds. But there is little point worrying about excesses government when lacks capacity to get things done first place. this Article, we examine relations between courts, constitutionalism, state other than through limiting Through a series case studies, suggest confront problem building, question informs doctrine. Our studies consist litigation over life-saving medication Brazil, “engagement” remedies South Africa, pretrial detention India, validity India’s recent biometric identification project. As show, crucial variable development doctrine—and while engaging issue capacity, often play role facilitating its expansion. The identify number that use encourage development: providing incentives enhance guiding directing perform specific actions, compensating weak by absorbing problem, endorsing measures purport increase capacity. We then offer an expressly idealized model which negotiate capacity-related concerns. Courts can, certain instances, respond weak-form, dialogic, experimentalist forms review. precise should regard remains be fully studied, but focusing on allows us better explain contemporary doctrine several jurisdictions, highlights challenges involved at once creating
منابع مشابه
State Capacity, Capital Mobility, and Tax Competition
Abstract The theory of international tax competition suggests that governments attempt to attract mobile capital bases by undercutting the foreign capital tax rate. An analysis of the role that state capacity plays in tax policymaking under international pressures is, however, missing. The central contribution of our study is to highlight the importance of the interaction between state capaci...
متن کاملInterpretation in Action: A Preliminary Inquiry
The term ‘human interpretation’ itself has two interpretations: interpretation by human beings and interpretation of human beings. We are all familiar with both kinds of interpretation in ordinary life. Marie interprets Sam’s remark as a sexual invitation; Joseph interprets the famous guest’s attire as an insult to the host. But as the organizers of our conference point out, we have no systemat...
متن کاملInformation seeking in inquiry-based learning pedagogy: Proposing a preliminary model
Background and Aim: This study attempts to propose a suggestive model for theorising in the field of Inquiry-Based Information Behaviour (IBiB). Method: To achieve the research aim, Piaget’s Cognitive Development Theory, Dewey’s Constructivist Theory, as well as IBL Pedagogy were analysed. Taking into account the current information behaviour models and theories which are developed based on th...
متن کاملShould Progressive Constitutionalism Embrace Popular Constitutionalism?
There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: American Journal of Comparative Law
سال: 2022
ISSN: ['2326-9197', '0002-919X']
DOI: https://doi.org/10.1093/ajcl/avac009