SUBJECT MATTER IN CONSTITUTIONAL JURISDICTION

Constitutional jurisdiction over health in Canada.

National Forum on Health, Canada Health Action: Building on the Legacy – Final Report of the National Forum on Health (Ottawa: Minister of Public Works and Government Services, 1997) at 20. Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons, 1999 – Chapter 29: Federal Support of Health Care Delivery (Ottawa; Minister of Public Works and Government Service...

Constitutional Rules of Exclusion in Jurisdiction Formation

The rules under which jurisdictions (nations, provinces) can deny immigration or expel residents are generally governed by a constitution, but there do not exist either positive or normative analyses to suggest what types of exclusion rules are best. We stylize this problem by suggesting four constitutional rules of admission: free mobility, admission by majority vote, admission by unanimous co...

An Exploratory Analysis of Judicial Elections in Texas: Does Subject Matter Jurisdiction Matter?

The existence of both the Texas Supreme Court and Texas Court of Criminal Appeals makes it possible to test several important hypotheses of elections held between 1988 and 2008 using a variety of statistical tools related to the impact that subject matter jurisdiction (civil versus criminal) has on the outcomes of an election. In this comparative analysis, this article shows that the factors th...

An Informational Model of Constitutional Jurisdiction

In shaping constitutional courts’ jurisdictions, societies must contend with the informational challenges associated with rule-making and the distributive politics of granting courts jurisdiction over administrative law-making. Curiously, judges are often granted jurisdiction that seems to create a tension between their ability to acquire information about appropriate rules and to clearly artic...

Courts-martial Jurisdiction and Civilian Dependents: Constitutional Restrictions