Creativity and Legitimacy in Constitutional Law

The Rule of Law and the Legitimacy of Constitutional Democracy

The rule of law is a cornerstone of contemporary constitutional democracy1 as was underscored by its role in cementing the recent transitions from authoritarian or totalitarian regimes2 to constitutional democracy in Eastern Europe and elsewhere.3 In the broadest terms, the rule of law requires that the state only subject the citizenry to publicly promulgated laws, that the state’s legislative ...

Interests, Legitimacy, and Constitutional Choice:

In this paper we address the issue of the steady and significant increase in the scope of the codecision procedure and the motivation of the member states for increasing the power of the European Parliament. Using a rational choice framework we argue that the important variable in the assessment of the changes in the decision making procedures is the expected benefit from the various legislativ...

Constitutional Law

Law, Legitimacy and Black Revolution

Rationality, Legitimacy, & The Law

American legal realism was committed to examining legal reasoning in terms of the actual experiences of judges. Because the realist project sought to use social science tools to examine human nature, the contemporary rise of cognitive neuroscience provides an occasion for reexamining legal realism’s foundational critique of the law. Realism’s attempt to examine “the actual facts of judicial beh...