As this commentary first appeared on www.annals.org, the Supreme Court was hearing arguments in one of the most important social policy cases of the past several decades: the constitutionality of the requirement that individuals obtain minimum health insurance coverage under the Patient Protection and Affordable Care Act (ACA). The “individual mandate” is the centerpiece of the ACA, and removin...

Abstract The rise of referendums has led to the concern that they could lead liberticide and discriminatory results. This article intends determine whether concept popular sovereignty would immunize constitutional provisions are passed through a referendum from any human rights limitation. In answering question, I formulate theoretical framework called “constituent-constituted duality,” while a...

the idea of supervising  the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discip...

In a 2018 referendum, the Irish electorate voted in favour of repealing Ireland's quasi-total legal ban on abortion. The referendum campaign saw important public discussions regarding gender roles twenty-first century Ireland. While constitutional abortion was condemned by rights advocates for marginalising women's agency, legislation which replaced it has not escaped criticism either. Therefor...

What explains the sudden rise and fall of Latin America’s leftist governments du- ring 21st century? Two competing interpretations have been put forward: either citizens vote positionally or retrospectively. This paper aims to shed light on this debate by analyzing 2016 constitutional referendum in Bolivia. The results our investigation voting behaviour are most supportive a retrospective inter...