This panel will bring together the editors and contributors to Proportionality: New Frontiers, New Challenges (2017). The panelists will discuss future directions for proportionality doctrine and scholarship, such as whether carefully designed and limited doctrines of proportionality can improve judicial decisionmaking, how proportionality doctrine is applied in different jurisdictions, its role in constitutionalism outside of...
Tag: <span>Vicki Jackson</span>
RETHINKING PEACE AND CONSTITUTION MAKING
Constitutions are considered tools to entrench peace and the rule of law; however, using constitutions to fulfil these demands raises challenges and so requires new way of thinking on how constitutions are drafted/amended in such contexts. A result of these demands is that it has become necessary to simultaneously pursue the sometimes-inconsistent requirements of peace-making...
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts
Foreign judges play an important role in the constitutional or apex courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to this phenomenon of “internationalized“ or “hybrid“ constitutional courts. This article thus addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential...
Interpretive Federalism
U.S. federalism interacts with commitments to democratic equality in complex ways. As a matter of current constitutional law and structure, the U.S. Congress is less “representative“ of the national polity as a whole — if representativeness is examined only from a one-person one-vote perspective — than each state legislature is with respect to its state...