A Clinical Note on a Self-Fellator

Kahn, Eugen; Lion, Ernest G.

doi:10.1176/ajp.95.1.131

Cited by 2 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…254 The transformation of the political question doctrine in the US illustrates the displacement by judicial review of the executive as the guardian of constitutional ordering in the emerging world of post-political sovereignty. 255 In the new constitutionalist era, judicial review is expected to function as the political organ of constitutional sovereignty. 256 Alec Stone Sweet and Martin Shapiro put it like this: "[A]ll separation of powers notions are contingent because they are secondary to, rather than constitutive of, the judicial function."…”

Section: B Towards the World Of Post-political Sovereigntymentioning

confidence: 99%

Discovering Sovereignty in Dialogue: Is Judicial Dialogue the Answer to Constitutional Conflict in the Pluralist Legal Landscape?

Kuo¹

2013

Can. J. Law Jurisprud.

View full text Add to dashboard Cite

Legal scholars have been inspired by the dialogic approach and rallied around it as the solution to constitutional conflict in domestic constitutional orders and the transnational legal landscape. This paper aims to show that the gravitation towards judicial dialogue in contemporary constitutional theory misses the point, given the ambiguities surrounding it. My investigation reveals that the dialogic approach does not succeed in guiding the inter-departmental or inter-regime interactions in a way that no single power would exert unilateral domination. The emergence of judicial supremacy in both national and transnational constitutional orders further suggests that underlying those ostensible examples of judicial dialogue is a transfigured conception of sovereignty. As it is the rise of judicial sovereignty that drives the move towards judicial dialogue in contemporary constitutional developments, I suggest that legal scholars shift focus of attention from the idea of dialogue to the enhanced judicial role in the new constitutional era.

show abstract

Section: B Towards the World Of Post-political Sovereigntymentioning

confidence: 99%