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Journal ArticleDOI

Joseph Story's Commentaries on the Constitution: A Belated Review

01 Apr 1985-Yale Law Journal (JSTOR)-Vol. 94, Iss: 5, pp 1285
About: This article is published in Yale Law Journal.The article was published on 1985-04-01. It has received 15 citations till now. The article focuses on the topics: Constitution.
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DissertationDOI
06 Nov 2018

145 citations

Journal ArticleDOI
TL;DR: The first comprehensive legal analysis and constitutional reconstruction of the Court of Justice of the European Union Opinion on accession to the European Convention on Human Rights (ECHR) has been presented in this paper.
Abstract: Opinion 2/13 of the Court of Justice of the European Union (striking down the Draft Agreement on accession to the European Convention on Human Rights) has evoked widespread “outrage.” The Court’s Opinion is generally derided as “unsubstantiated,” purely “self-interested,” and “playground politics.” This Article disagrees with that assessment. The Article provides the first comprehensive legal analysis and constitutional reconstruction of the Opinion’s many objections to show why the Court’s concerns are mostly warranted. At the same time, however, the Article explains why accession to the ECHR is not only important for human rights, but also vital to save the European Union itself. Finally, the Article points the way forward by identifying the changes that must be, and can be, made to allow accession to proceed.

61 citations

Journal ArticleDOI
TL;DR: The Court of Justice of the European Union has arrived! Gone are the days of hagiography, when in the eyes of the academy and informed observers the Court could do no wrong as discussed by the authors.
Abstract: The Court of Justice of the European Union has arrived! Gone are the days of hagiography, when in the eyes of the academy and informed observers the Court could do no wrong. The pendulum has finally swung the other way. The judicial darling, if there is one today, is Strasbourg, not Luxembourg. Not hours had passed before the Court's 258-paragraph long Opinion 2/13 on the Draft Agreement on EU Accession to the European Convention on Human Rights was condemned as “exceptionally poor.” Critical voices have mounted steadily ever since, leading to nothing short of widespread “outrage.”

44 citations

Book
18 Jul 2019
TL;DR: In this article, Conlin analyzed the role of several constitutional provisions and practices in the American Civil War and revealed that ordinary Americans had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution.
Abstract: In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, secession vs. union, and counter-majoritarianism vs. democracy.

12 citations