This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have shaped the debate over originalism. The first assumption—adopted by originalists—is that constitutional reasoning is a formalistic process. Originalism’s critics tacitly describe a very different and less formalistic model. The second assu...

INTRODUCTION Constitutional laws of countries in the English-speaking Caribbean (ESC) have changed very little, at least in relative terms, since the independence of these countries. Nevertheless, the institutional and political environment of the ESC presents some unique challenges to constitutional reform in the contemporary era. This paper examines the constitutional trajectory of these coun...

This paper discusses the claim that System Dynamics models are unable to represent constitutional change. They do represent state transitions, but not constitutional transitions. Because the latter kind of transitions is the rule rather than the exception in the study of social phenomena, this inability has serious consequences. First of all, it leads to a neglect of constitutional issues; caus...

II. THE PREDICAMENTS OF IMPLEMENTING HUMAN RIGHTS IN TAIWAN............................................................................................ 148 A. The General Situation: The Grand Justices Build Taiwan’s Constitutional Law on Different Countries’ Constitutional Jurisprudence. ........................................................................... 149 B. Four Features of Current ...

In March 2004, the National Assembly of South Korea impeached President Roh Moo-hyun and brought about an immediate suspension of Roh's presidency. Two months later, the Constitutional Court of Korea restored the status quo by dismissing the impeachment and reinstating the President. This episode marks the first time in the history of modern constitutionalism that a president impeached by a leg...

OBJECTIVES This study was designed to evaluate the efficacy and the safety of constitutional herbal tea for treating chronic fatigue with no diagnosed cause, which is called Mibyeong in Korea. METHODS Males and females with ages between 40 and 59 years who had complained of fatigue for 1 month consistently or for 6 months intermittently without a definite cause were recruited. At the same tim...

Analysis of the economic effects of constitutional rules has made substantial progress over the last decade. This survey provides an overview of this rapidly growing research area and also discusses a number of methodological issues and identifies underresearched areas. It argues that the next logical step of Positive Constitutional Economics is to endogenize constitutional rules. JEL classific...

This paper proposes a normative theory of constitutional rules. The first-best cannot be achieved whenever constitutional rules cannot be made contingent on information about the costs and benefits of policy reforms. We characterize and welfare rank four classes of second best constitutions: constitutions that specify one rule for all types of decisions; constitutions that provide incentives fo...