In Rose v. Haskins,' the Court of Appeals for the Sixth Circuit reiterated the orthodox view that since a prisoner parole system is not constitutionally compelled, parole status is merely a "privilege" regulated by statute and not circumscribed by either the specific constitutional guarantees applicable to a criminal proceeding nor the traditional safeguards of procedural due process. However, ...

judge Richard Posner's well-known view is that constitutional theory is useless. And judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the papular press, in law review articles, and in books-have advocated what appear to be ...

Courts, and especially the Supreme Court, frequently engage in moral reasoning as an aspect of their judicial decision making.1 And it is both necessary and desirable that they do So. Although it may be impossible to specify precise rules concerning the occasions for invocation of moral judgments or the weight that such judgments should be given in comparison with other legally relevant factors...

Most immunologists focus on elaborate non-specific and antigen-specific factors of reactive immunity produced by the vertebrate lymphoid system. Modern principles of immunogenic prophylaxis and therapy are based solely on the use of these agents. There is, however, a more effective system of specific resistance which is shared by all forms of life: hereditary constitutional immunity to infectio...

The author investigates Russian federalism and the constitutional underpinnings of the power vertical, looking specifically at the Constitutional Court’s December 2005 case about the appointment of governors. The court’s decision upheld the constitutional notion of a “unified system of executive power” as the primary legal justification for the power vertical. However, not all of the justices a...

This Essay explores the emerging literature on the negotiation of structural constitutional governance, to which Professor Aziz Huq has made an important contribution in The Negotiated Structural Constitution.1 In the piece, Professor Huq reviews the negotiation of constitutional entitlements and challenges the conventional wisdom about the limits of political bargaining as a means of allocatin...

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression...