CONSTITUTIONALISM IN CONTEXT II

The papers on this panel, drawn from the forthcoming volume Constitutionalism in Context (CUP 2018), offer contextual and interdisciplinary perspectives on issues and jurisdictions at the cutting edge of the study of constitutionalism. Each chapter introduces the reader to a jurisdiction in a context-rich way, then proceeds to explore an emerging issue at length in...

Panel 32, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM

Due Process Under Extreme Conditions: Burdens, Deference and the Judicial Function

In exercising judicial review in times of crises courts face a well-known dilemma: to defer or not to defer? Deference is prudent: The executive/legislature are better equipped to deal with emergencies swiftly and efficiently, as they possess the expertise, the wherewithal, and bear the responsibility for error. Exercising strict review may derail the governmental efforts...

Panel 159, WEDNESDAY JUNE 27 2018 10:45 AM - 12:15 PM