Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

in this study, one basic question will be answered: why were women officially considered being the subject of policy making decisions in reza khan era? the answer should be found in the particular logic of the discourse of that time which was “archeological nationalism”. the discourse is based on racist theory and understands social and cultural issues on the same basis. during the gap emerged ...

The Voter Qualifications Clause of Article I, Section 2 of the U.S. Constitution makes federal voting rights dependent upon participation in state elections. This Article argues that the right to vote in federal elections, as defined by Article I, incorporates both i) state constitutional law governing the right to vote and ii) the democratic norms that existed within the states at the founding...

Throughout the history, formation of constitutional state has been first experience modern in Iran. The change power relations and restriction authoritarian were among most important issues state. current study aims at investigating reasons for transition from Constitutional to an bureaucratic by adopting Laclau Mouffe’s framework political discourse analysis. Research methodology is descriptiv...

Lord Chief Justice Mansfield declared in Somerset v. Stewart (1772) that the nature of slavery is ‘‘so odious . . . nothing can be suffered to support it but positive law.’’ In this essay, I trace the principle laid down in Somerset through several cases that occurred during the first quarter of the nineteenth century, and I pay particular attention to two conservative judicial opinions in the ...

It was the popular media that first made the comparison between an Obama presidency and that of Franklin Roosevelt. The media did not wait until President Obama took office, but began the comparisons in earnest after the presidential election of 2008, perhaps most famously on Time Magazine’s November 24, 2008 cover depicting a photoshopped Barack Obama in a characteristic pose of the New Deal P...

This article aims to analyze Luso-Brazilian thought, exploring its medieval, modern, and contemporary foundations. An analysis of the readings appropriations made liberalism constitutionalism in world adaptations consents afforded for assimilation a constitutional/liberal vocabulary are key understanding Iberian political thought at turn nineteenth century. In addition meanings entry ‘revolutio...

Why does the treatment of American constitutional politics presented in We the People depart so radically from models of constitutional deliberation developed in the type of constitutional economics pioneered by James Buchanan and Gordon Tullock? The paper defines three premises that account for the divergence, and concludes by proposing an inquiry into constitutional design that requires insig...