The Supreme Court Economic Review is a faculty-edited, peer-reviewed, interdisciplinary law and economics series with a particular focus on economic and social science analysis of judicial decision making, institutional analysis of law and legal structures, political economy and public choice issues regarding courts and other decision-makers, and the relationship between legal and political institutions and the institutions of a free society governed by constitutions and the rule of law. Contributors include renowned legal scholars, economists, and policy-makers, and consistently ranks among the most influential journals of law and economics.

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches and brings into the constitutional debate even other than merely constitutional scholars. It brings complementing contributions from legal scholars of European politics, economics, and sociology together with established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

The Case Against George W. Bush chronicles the presidency of George W. Bush through almost 600 quotes from over ninety authors, including former British Prime Minister Tony Blair, former President George W. Bush, former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld, and writers and journalists such as Steve Coll, Frank Rich, Craig Unger, and Bob Woodward. Steven C. Markoff presents sourced evidence of three crimes committed by George W. Bush during his presidency: his failure to take warnings of coming terror attacks on our country seriously; taking the United States, by deception, into an unnecessary and disastrous 2003 war with Iraq; costing the lives of more than 4,000 Americans and 500,000 others; and breaking domestic and international laws by approving the torture as means to extract information. While Markoff lays out his case of the crimes, he leaves it up to the reader to decide the probable guilt of George W. Bush and his actions regarding the alleged crimes.

Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. In Our Non-Christian Nation, Jay Wexler travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals. The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration.

Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution's vesting of "executive power" means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy's Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy's Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today's aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy's Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making-and presents a model that Americans across the political spectrum should embrace.

The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

In recent years, the procedural rules of global governance institutions have come under scrutiny from scholars worldwide and have been conceptualized as akin to domestic administrative law. However, one question has so far not been addressed: who shapes this procedure and why? In the present work, Isabel Lischewski develops a simple matrix connecting procedure and state interest. When this matrix is applied to a sample of forty diverse institutions, fascinating patterns emerge, which are further explored through in-depth case studies. It is shown that states prefer to balance sovereignty preservation through procedure with the costs it entails. Thus, normative considerations are not the predominant basis on which this procedure is designed. The research provides original insights into the landscape of global governance procedure and cautions against a notion of "apolitical" administration law.

British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam - banks, charities, schools, elections, clans - it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.

British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam - banks, charities, schools, elections, clans - it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.

Colorblindness has become an integral part of the national conversation on race in America. Given the assumptions behind this influential metaphor--that being blind to race will lead to racial equality--it's curious that, until now, we have not considered if or how the blind "see" race. Most sighted people assume that the answer is obvious: they don't, and are therefore incapable of racial bias--an example that the sighted community should presumably follow. In "Blinded by Sight," Osagie K. Obasogie shares a startling observation made during discussions with people from all walks of life who have been blind since birth: even the blind aren't colorblind--blind people understand race visually, just like everyone else. Ask a blind person what race is, and they will more than likely refer to visual cues such as skin color. Obasogie finds that, because blind people think about race visually, they orient their lives around these understandings in terms of who they are friends with, who they date, and much more.
In "Blinded by Sight," Obasogie argues that rather than being visually obvious, both blind and sighted people are socialized to see race in particular ways, even to a point where blind people "see" race. So what does this mean for how we live and the laws that govern our society? Obasogie delves into these questions and uncovers how color blindness in law, public policy, and culture will not lead us to any imagined racial utopia.

Provides an essential reference to an increasingly important and topical subject; Includes contributions from leading experts; Will appeal to both Law and Political Science.

This book reviews and analyzes the innovative measures introduced, lessons learned and problems encountered by selected and representative provinces, cities and counties with regard to the openness of local government affairs. To do so, it focuses on fields that are closely related to economic and social development and to the vital interests of the people, and which have thus aroused great social concerns, such as the pre-disclosure of major decision-making, policy interpretation, optimization of the business environment, and education. In turn, the book addresses standardization concerning the openness of government affairs; in this regard, numerous departments under the State Council and local governments at various levels have already engaged in pilot work, so as to provide a basis for pursuing the openness of government affairs throughout the country. The book subsequently analyzes current problems in this regard, considers the future prospects, and puts forward suitable solutions.

Democracy is being destroyed by an ancient evil, and modernity is in denial. In the Tyranny of Greed, Timothy K. Kuhner reveals the United States to be a government by and for the wealthy, with Trump-the spirit of infinite greed-at its helm. Taking readers on a tour through evolutionary biology, psychology, and biblical sources, Kuhner explores how democracy emerged from religious and revolutionary awakenings. He argues that to overcome Trump's regime and establish real democracy, we must reconnect with that radical heritage. Our political tradition demands a revolution against corruption.

The 233-year story of how the American people have taken an imperfect constitution-the product of compromises and an artifact of its time-and made it more democratic Who wrote the Constitution? That's obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It's a story of how We the People have improved our government's structure and expanded the scope of our democracy during eras of transformational social change. The People's Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post-Civil War battle over the Fourteenth Amendment, from the rise and fall of the "noble experiment" of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People's Constitution is the first book of its kind: a vital guide to America's national charter, and an alternative history of the continuing struggle to realize the Framers' promise of a more perfect union.

A bold new approach to combatting the inherent corruption of representative democracy This provocative book reveals how the majority of modern liberal democracies have become increasingly oligarchic, suffering from a form of structural political decay first conceptualized by ancient philosophers. Systemic Corruption argues that the problem cannot be blamed on the actions of corrupt politicians but is built into the very fabric of our representative systems. Camila Vergara provides a compelling and original genealogy of political corruption from ancient to modern thought, and shows how representative democracy was designed to protect the interests of the already rich and powerful to the detriment of the majority. Unable to contain the unrelenting force of oligarchy, especially after experimenting with neoliberal policies, most democracies have been corrupted into oligarchic democracies. Vergara explains how to reverse this corrupting trajectory by establishing a new counterpower strong enough to control the ruling elites. Building on the anti-oligarchic institutional innovations proposed by plebeian philosophers, she rethinks the republic as a mixed order in which popular power is institutionalized to check the power of oligarchy. Vergara demonstrates how a plebeian republic would establish a network of local assemblies with the power to push for reform from the grassroots, independent of political parties and representative government. Drawing on neglected insights from Niccolo Machiavelli, Nicolas de Condorcet, Rosa Luxemburg, and Hannah Arendt, Systemic Corruption proposes to reverse the decay of democracy with the establishment of anti-oligarchic institutions through which common people can collectively resist the domination of the few.

Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they've had no opportunity to read it in detail and know what they're voting upon. The majority party's legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy - including the experiment of a self-styled populist coalition government - as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.

This book is dedicated to the nascent discussion of the legal aspects of human exploration and possible settlement of Mars, and provides fresh insights and new ideas in two key areas. The first one revolves around the broader aspects of current space law, such as intellectual property rights in outer space, the legal implications of contact with extra-terrestrial intelligence, legal considerations around the freedom of exploration and use, and the International Space Station agreement as a precedent for Mars. The second one focuses on the creation and management of a new society on Mars, and includes topics such as human reproduction and childbirth, the protection of human rights in privately-funded settlements, legal aspects of a Martian power grid, and criminal justice on the red planet. With multiple national space agencies and commercial enterprises focusing on Mars, it is more than likely that a human presence will be established on the red planet in the coming decades. While the foundation of international space law, laid primarily by the Outer Space Treaty, remains the framework within which humans will engage with Mars, new and unforeseen challenges have arisen, driven particularly by the rapid pace of technological advancement in recent years. To ensure that space law can keep up with these developments, a new scholarly work such as the present one is critical. By bringing together a number of fresh international perspectives on the topic, the book is of interest to all scholars and professionals working in the space field.

Among politicians and policy-makers it is almost universally assumed that more transparency in government is better. Until now, philosophers have almost completely ignored the topic of transparency, and when it is discussed there seems to be an assumption (shared with politicians and policy-makers) that increased transparency is a good thing, which results in no serious attempt to justify it. In this book Brian Kogelmann shows that the standard narrative is false and that many arguments in defence of transparency are weak. He offers a comprehensive philosophical analysis of transparency in government, examining both abstract normative defences of transparency, and transparency's role in the theory of institutional design. His book shows that even when the arguments in favour of transparency are compelling, the costs associated with it are just as forceful as the original arguments themselves, and that strong arguments can be made in defence of more opaque institutions.

In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.