Book ChapterDOI
Constitutional Review in the United States of America: Does “Diffused” Mean Complete Decentralization?
Alfredo Narváez Medécigo
- pp 71-153
TLDR
The international influence of American (or U.S. American) constitutionalism is indisputable as discussed by the authors, and American legal institutions enjoy to this day remarkable prestige and continue to impact significantly other systems around the globe.Abstract:
The international influence of American (or U.S. American) constitutionalism is indisputable. The innovative framework set by the Founding Fathers back in 1787 and the resilient organizations developed thereupon had such a positive impact overseas that they were still the leading global reference 200 years after the Philadelphia Convention. Institutions such as judicial review, federalism, or even presidentialism disseminated alongside American military sway across the most varied settings and soon became unavoidable elements to consider in state-building efforts worldwide. Be it in post-colonial Latin America throughout the nineteenth century, Asia and Western Europe in the aftermath of World War II, or the emerging African nations during the second half of the twentieth century; the United States of America was for a much extended period of time the dominant prototype of a successful constitutional arrangement. Though this once hegemonic influence has somewhat lost momentum within the past couple of decades, American legal institutions enjoy to this day remarkable prestige and continue to impact significantly other systems around the globe. American courts, for instance, are still often referred to as “the most powerful and admired judiciary in the world.” Not only do they still reach more international headlines than any of their colleagues overseas, but also, as cases brought before them continue to drive many aspects of the contemporary legal debate, American judicial decisions are followed closely by foreign legal academia. So, while the new “world favorite” of democratic constitutionalism—the Federal Republic of Germany—is still relatively young and in significant ways a result of its American counterpart, the legal system of the United States is of such tradition and status that even today it takes a great share of the attention from scholars and practitioners around the globe.read more
Citations
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Posted Content
Questioning Certiorari: Some Reflections Seventy-Five Years After the Judges' Bill
TL;DR: Hartnett as discussed by the authors traces the history of the writ of certiorari in the United States Supreme Court, paying particular attention to the unprecedented efforts of Chief Justice William Howard Taft to promote the landmark Judges' Bill of 1925, and the uncritical deference to the Court shown by Congress in enacting it.
Journal ArticleDOI
A Structural Vision of Habeas Corpus
TL;DR: A new conception of federal habeas review under which the federal courts focus on states, not on individual petitioners, was proposed in this paper, where a new approach was proposed to address the systemic violations of criminal defendants' federal rights by states.
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The Suspension Clause as a Structural Right
TL;DR: The authors argued that the Suspension Clause was meant as a grant of authority to Congress to suspend the writ of habeas corpus in certain circumstances, rather than as a constraint on Congress's power.
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State Habeas Relief for Federal Extra-judicial Detainees
TL;DR: The authors argued that Congress has neither explicitly nor implicitly preempted state courts' power to award the habeas remedy to persons extra-judicially held in federal confinement, even if those individuals are being detained without the review, approval, or participation of any court.
References
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Journal ArticleDOI
The Records of the Federal Convention of 1787
TL;DR: Gathers diary entries, letters, and resolutions by participants in the Constitutional Convention of 1787 as discussed by the authors, which is a collection of diary entries and letters written by participants of the 1787 Convention.
Book
The Records of the Federal Convention of 1787
TL;DR: Gathers diary entries, letters, and resolutions by participants in the Constitutional Convention of 1787 as discussed by the authors, which is a collection of diary entries and letters written by participants of the 1787 Convention.
Journal ArticleDOI
State Constitutions and the Protection of Individual Rights
TL;DR: Brennan as mentioned in this paper argues that the trend of recent Supreme Court civil liberties decisions should prompt a reappraisal of that strategy and particularly notes the numerous state courts which have already extended to their citizens, via state constitutions, greater protections than the Supreme Court has held are applicable under the federal Bill of Rights.
Journal ArticleDOI
The Bill of Rights : creation and reconstruction
TL;DR: A leading scholar of constitutional law, Akhil Reed Amar as mentioned in this paper, argues that the present character of the Bill of Rights owes more to antislavery activists of the Reconstruction era than to the Founding Fathers who created the Bill.