Constitutional Law

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Discourse Analysis of Iranian Intellectuals about Law on the Edge of Constitutional Revolution (Study of Mirza Malcom Khan and Mostashar al-Dowleh)

About 110 years ago, Iran experienced a revolution, which was known to be an attempt for development and modernization. The revolutionary roots had been established by new-coming social forces named as intellectuals. Since studying the past highlights the future, the necessity of intellectuals’ discourse as well as understanding their discourse strategies on the road to development and modernit...

Constitutional Exclusion and Gender in Commonwealth Africa

Part I of this article briefly describes customary law and explores the effect of colonialism on legal pluralism and the region’s early post-colonial constitutions. Part II describes the structure and content of constitutional clauses that exclude personal law and customary law from constitutional non-discrimination protection. Part III briefly examines international and regional human rights l...

Constitutional law--mental health--a patient involuntarily civilly committed to a state mental hospital has a constitutional right to treatment.

TEACHING AUSTRALIAN CONSTITUTIONAL LAW Australian Federal Constitutional Law: Commentary and Materials, by G WINTERTON, HP LEE, A GLASS and JA THOMSON (Australia: LBC

Teachers of Australian federal constitutional law now have three current casebooks available to them: the Winterton, Lee, Glass and Thomson casebook (“WLGT”), Hanks and Cass, Australian Constitutional Law: Materials and Commentary (“HC”), now in its sixth edition, and Blackshield and Williams, Australian Constitutional Law & Theory (“BW”), which has entered a second edition. The recent publicat...

The Supreme Court and terminal sedation: rejecting assisted suicide, embracing euthanasia.