[图书][B] Constitutional theory

C Schmitt - 2008 - books.google.com
… as the Constitutional Theory did not need to rush to compete with the many constitutional
texts that emerge over time “as long as the type remains.” The American constitution of 1789 is …

Constitutional history and constitutional theory: Reflections on Ackerman, reconstruction, and the transformation of the American constitution

ML Benedict - Yale LJ, 1998 - HeinOnline
… -the separation of constitutional law from ordinary politics-thus weakening the maintenance
… for constitutional violations. Constitutional theorists must reconcile constitutional theory with …

How to choose a constitutional theory

RH Fallon Jr - Cal L. Rev., 1999 - HeinOnline
… ("Constitutional theory, as I shall use the term, is the effort to develop a generally accepted
theory to guide the interpretation of the Constitution of … of constitutional theories includes those …

Constitutional theory transformed

SM Griffin - The Yale Law Journal, 1999 - JSTOR
… and of their legitimacy in a constitutional sense. The critique of … our constitutional world we
must transform constitutional theory by turning our attention from interpreting the Constitution

What is constitutional theory

DA Strauss - Cal L. Rev., 1999 - HeinOnline
… How can it be, as Professor Fallon rightly says, that constitutional theory is both … theory's
proponents uncomfortable? In this Reply, Professor Strauss argues that a constitutional theory

State Constitutional Theory and Its Prospects

DB Rodriguez - NML Rev., 1998 - HeinOnline
theoretical paradigms that shape state constitutional theory. We borrow whole cloth from
federal constitutional theory when we interpret state constitutions. … state constitutional provisions …

[图书][B] Legitimacy and History: Self-Government in American Constitutional Theory

PW Kahn - 1992 - books.google.com
… rary constitutional theory scarcely recognize in it the legal system in which they work. Traditionally,
constitutional theory … Why have constitutional theory and constitutional law split apart? …

Toward a theory of constitutional amendment

DS Lutz - American Political Science Review, 1994 - cambridge.org
… lose the ability to distinguish competing constitutional theories. The innovation of an
amendment process, like the innovation of a written constitution, has diffused throughout the world …

The basic doctrine of American constitutional law

ES Corwin - Michigan Law Review, 1914 - JSTOR
… But let us consider the effect of these two theories of the nature of the constitution upon
the question of the scope of juidicial review more directly. The two theories were brought into …

What" Brown" teaches us about constitutional theory

JM Balkin - Virginia Law Review, 2004 - JSTOR
… tional theory. For the most part, however, they are lessons about … constitutional theory,
not normative constitutional theory. Positive constitutional theory studies how the constitutional