Liberalismo contra democracia: recent judicial reform in Mexico
Article Abstract:
Judicial reforms enacted in Mexico in 1994 are intended to reduce influence on the judiciary and make the country more democratic, but the limited reforms may only entrench liberalism without strengthening the rule of law and the separation of powers. The constitutional reforms include giving the Supreme Court of Mexico greater flexibility in court administration, extending the tenure of justices and expanding the court's jurisdiction to include ruling on the constitutionality of legislative actions. Such changes would only increase efficiency and democracy in a society already committed to liberalism.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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On extrajudicial constitutional interpretation
Article Abstract:
Many scholars reject the US Supreme Court's ruling in Cooper v. Aaron and argue for non-deference, but the ruling correctly identifies the obligations placed on nonjudicial officials to follow the constitutional interpretations of the judiciary. The advocates of non-deference argue that officials are bound to the Constitution but not to judicial interpretations of the Constitution that they believe are incorrect. If federal judges must defer to the rulings of higher courts, even if they disagree, it makes no sense for nonjudicial officials to be free to carry out their own interpretation.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Democracy and feminism
Article Abstract:
Feminist legal theory needs to develop an understanding of citizenship and incomplete agency to counter mainstream constitutional theory on citizenship and the countermajoritarian dilemma. Mainstream theory fails to provide a critique of power in constitutional analysis, but existing feminist theory fails to address issues of democracy and citizenship. Each of these approaches fails to provide a robust account of the tension between majority rule and individual rights. The ways in which feminism accounts for difference suggest how countermajoritarian problems can be addressed by feminism.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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