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2013
Introduction: Adorno’s words could be read alongside Klare’s critical focus on the political and moral dimensions of adjudicative law-making generally, and South African constitutional adjudication in particular. Klare (1998:150) asks: “Can we describe a method of adjudication that is politically...
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The democratic challenge of incorporation: International human rights treaties and national constitutions
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According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...
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2004
Johnsen, Bruce, Yahya, Moin A.
Introduction: Scholars and jurists increasingly acknowledge that the U.S. Supreme Court's Commerce Clause jurisprudence desperately needs a new direction. Even Laurence Tribe, widely regarded as a liberal commentator, concedes that until very recently the Court's decisions in this area came...
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2021-02-01
SSHRC IDG awarded 2021: My proposed research project seeks to address the prevalence of a narrow and undertheorized vision of the rule of law in Canadian society. I aim to tackle this problem through three objectives. Objective 1 is to further develop my account of the theoretical underpinnings...