The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

Constitutional Economics/Constitutional Politics

Why does the treatment of American constitutional politics presented in We the People depart so radically from models of constitutional deliberation developed in the type of constitutional economics pioneered by James Buchanan and Gordon Tullock? The paper defines three premises that account for the divergence, and concludes by proposing an inquiry into constitutional design that requires insig...

The Politics of Scandals: The Case of Supreme Court Nominations

We examine the role of scandals in the politics of Supreme Court nominations, 1877-1994. We argue that when a nominee’s opponents control the process, they often delay it in the hope of uncovering a scandal. If they succeed in finding a scandal, they further delay the process in order to exploit the scandal and damage the nominee’s prospects of confirmation. Evidence from a Markov model of the ...

Do Supreme Court Nominees Lie? The Politics of Adjudication

Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...