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 high rate of HIV infection among Americans, the ease with which the virus is transmitted, and the terminal nature of the virus have made its existence a vital national public health issue.' Concern regarding HIV is heightened in U.S. correctional facilities, in which the prevalence of the virus is disproportionately high.2 As of December 31, 2003, 1.9% of the total U.S. prison population wa...

there were pivotal elements in 1978's islamic revolution of iran playing such roles which led to the derogation of pahlavi government on one hand, and set the scene for evolution and revolutionary movement in different classes of iranians, on the other. recognizing and studying these factors and discovering their interactional and organic relationship as well as gaining their framework, ru...

INTRODUCTION....................................................................... 1210 I. THE FOUNDATIONAL IMPORTANCE OF PUBLIC HEALTH ..................................................................................... 1217 A. DEFINING PUBLIC HEALTH................................................... 1217 B. MANAGED CARE’S STAKE IN PUBLIC HEALTH .................... 1219 II. PUBLIC HEALTH MA...

A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential medicines in national constitutions, to identify comprehensive examples of constitutional text on ...

This Essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values, but also engage with other subnational entities, i.e. states, and the federal government. This Essay applies that framework to a stud...

The rule of law is a cornerstone of contemporary constitutional democracy1 as was underscored by its role in cementing the recent transitions from authoritarian or totalitarian regimes2 to constitutional democracy in Eastern Europe and elsewhere.3 In the broadest terms, the rule of law requires that the state only subject the citizenry to publicly promulgated laws, that the state’s legislative ...