Results for 'legitimacy'
- 1225.Vitarelli.1234
2008 1232 stems from its greater democratic legitimacy.44 Possibly to allay countermajoritarian concerns related to the supersession of statutes
Forum: The Majoritarian Difficulty
democracy gains legitimacy precisely because of “the opportunity to resist settlement when it fails to represent the entire dêmos.” For Walters, agonism—by
Forum: Establishment as Tradition
practices with political legitimacy” that is at least presumptively determinative. As I have discussed elsewhere, a third normative commitment involves
- Epps & Sitaraman Essay
abstract. In How to Save the Supreme Court, we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed
Forum: Who Gets the Ventilator? Disability Discrimination in COVID-19 Medical-Rationing Protocols
debates relates to democratic legitimacy. People with disabilities have faced a long history of exclusion from democratic participation. Often, that
- 18. McKinley ME Proof 2_clean
from a crisis of legitimacy. Many have ques- tioned the legality of the myriad commissions, boards, and agencies through which much of our modern
Forum: Questioning Justice: Law and Politics in Judicial Confirmation Hearings
democratic legitimacy necessary for courts to exercise the formidable power of judicial review. I. Like all constitutional democracies, the United States is
The Age of Consent
legitimacy of the judicial process. This doubt particularly plagued constitutional law. It was one thing to say that great commercial and financial
- 2334.Bobbitt.2384
5/6/2014 9:42 PM the age of consent 2337 themselves—how could they ever be right? This unavoidably cast some doubt on the legitimacy of the
play in the accountability of those who govern is of a piece with a broader crisis in the democratic legitimacy of the criminal law. Simply put, the