29 Jan 2019 | Constitutional Rights and Constitutional Design
I am enormously grateful to the distinguished judges and scholars who have read and engaged with my book Constitutional Rights and Constitutional Design, and appreciate both the praise and criticism. In this reply I respond to some points they raise. As I write, news...
13 Dec 2018 | Constitutional Rights and Constitutional Design
The global expansion of judicial power means that courts around the world are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding...
13 Dec 2018 | Constitutional Rights and Constitutional Design
Almost every country in the world has legislation that prohibits physician-assisted suicide. The UK Parliament voted overwhelmingly to maintain its prohibition of the practice in 2015 (330 to 118), but the law has been challenged in recent cases (Conway and...
13 Dec 2018 | Constitutional Rights and Constitutional Design
Paul Yowell’s Constitutional Rights and Constitutional Design is a superb book, with a kind of lapidary intelligence. I think it advances the conversation in two ways, methological and substantive. Methodologically, it pursues the comparative-institutional method,...
13 Dec 2018 | Constitutional Rights and Constitutional Design
Constitutional Rights and Constitutional Design is a wonderful book – full of riches, concise, tightly argued, and carefully interwoven. It is itself a model of careful design as well as a study of the absence (or failure) of constitutional design and a prescription...
13 Dec 2018 | Constitutional Rights and Constitutional Design
Sed quid custodes ipso custodiet? Who will guard the guardians? The question is not posed until nearly the end of this impressive new book, but it is clear from the outset that Paul Yowell is animated by a deep concern about the exercise of judicial power. He taps...
13 Dec 2018 | Constitutional Rights and Constitutional Design
Do courts and judges have the institutional capacity needed to settle the kinds of morally and politically controversial issues that arise in constitutional rights cases? Paul Yowell argues that the institutional setting of a court is lacking in basic capacities for...
13 Dec 2018 | Constitutional Rights and Constitutional Design
Ι Justice Scalia’s criticism of the ‘living Constitution’ interpretive theory highlighted the dangers facing the democratic process from the judicial approach whereby terms used in the Constitution are perceived, not in the sense they had when they were adopted, but...
