Resistance to facial challenges is a recurring theme of the Roberts Court’s early years. Yet close analysis of the Court’s decisions suggests that its approach to facial and as-applied challenges is largely consistent with prior practice. Despite occasional description of as-applied challenges in narrow terms, it has expressly preserved the possibility that as-applied challenges could be brough...

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...

Because the participants in the debate over constitutional originalism generally understand the controversy to be over a matter of the objective truth of competing interpretations of the Constitution, they do not believe that their mission is to persuade the other side. When what is at stake is a matter of objective truth, subjective opinions are of less moment. This Article begins the long ove...