* Associate Professor of Law, Sojo University; LL.M., University of California, Los Angeles; J.D., University of Tokyo; B.A., Waseda University. This paper is based on my LL.M. thesis, and I thank Clyde S. Spillenger for his supervision and advice. Without him, this Article would not exist. I also would like to thank Daniel Rosen and Lieba Faier for their thoughtful comments, and I thank Kazuno...

tabriz resistance movement took revolt, uprising place in order to revive the constitutionalism in iran. the muj?hids (‘militants’) led by satt?r kh?n and b?qer kh?n embarked on defending constitutionalism. being informed of the shelling of majles (‘the assembly’) in tehran, the opponents of constitutionalism in tabriz sought to wipe out the signs of constitutionalism there and to gain dominati...

The underlying assumption of constitutional pluralism, one the dominant theories EU legal scholarship, is a fundamental homogeneity amongst Member States allowing for harmonious co-existence and ‘constitutional tolerance’. This article challenges this by demonstrating that characterised heterogeneity. It argues are influenced at least three different ‘varieties constitutionalism’: ‘post-fascist...

In the fall of 1999, Mark Tushnet published a celebrated foreword to the Supreme Court edition of the Harvard Law Review arguing that the Rehnquist Court’s decisions could be understood as part of an era marked by divided government and sharply reduced ambitions for the transformative potential of constitutional law.1 Almost exactly two years later, on September 11, 2001, airplanes crashed into...

In the economic and political science literature on constitutional choice and constitutional design, David Hume is almost invariably associated with a master principle of design that is congenial to rationalactor approaches. I shall call this the knavery principle. As Hume put it, "in contriving any system of government, and fixing the several checks and controuls of the constitution, every man...

Justin Collings. Democracy’s Guardians: A History of the German Federal Constitutional Court, 1951–2001. Oxford University Press, 2015. Pp. xli, 331. £65. ISBN: 9780198753377. Michaela Hailbronner. Traditions and Transformations: The Rise of German Constitutionalism. Oxford University Press, 2015. Pp. xi, 211. £60. ISBN: 9780198735427. Falk Jaeger (ed.). Transparenz und Würde: Das Bundesverfass...

It is not every day that a scholar stoops to defend legislatures. Oh sure, lots of political theorists rush to the defense of democracy in the abstract, but they often have little to say about actual democratic practice. By contrast, empirical political scientists (and “positive political theorists”) have lavished attention on the institutions of democratic governance such as legislatures (part...

this article argues that constitutionalism movement is result of reformism in ghajar era. the conquer of constitutionalism, have been result of iran's political – social and economic condition (circumstances) and victory of reformist actives. this survey by considering of specifics of this movement, have been insisted on movement leaders, understanding and awareness from cultural and socia...

To allow for the effective functioning of a state, measures are necessary to limit power government, securing people certain fundamental human rights. These limitations frequently referred as ‘constitutionalism’. This essay explores nature constitutionalism found in India, and specifically it has evolved through judicial interpretation—the process whereby decisions have given meaning content wr...