Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role o...

Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litig...

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 ...

from the perspective of experts, custom as moral rules binding takesplace in source of law. however, clarify its position in constitutional lawneeds to know history of custom presence in basic documents which governon human societies. known dividing constitutions into two main categories,codified and customary, only will be clarified part of the extensive.because above division, as many experts...

This article discusses the concept of post-truth in light current moment ignorance objective facts detriment subjectivism. It was proposed to verify whether this trend would be responsible for trivialization presumption innocence principle, henceforth change jurisprudence Federal Supreme Court 2016, and ratification previous constitutional interpretation at end 2019, by ADCs 43, 44 54. is perce...