Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 82, No. 7, June

A Realpolitik Defense of Social Rights
Social rights are controversial in general-and they are even more controversial when courts are given power to enforce them. Even among those who believe in rights to a minimum income, to education, to health care, and to housing (to take only the most...
Comparative Avenues in Constitutional Law: An Introduction
Judicial review once seemed an American specialty. Today, it flourishes around the globe. Over the past two decades, new constitutional courts have emerged in many nations, while others have grown to impressive maturity with rich bodies of case law and...
Constitutional Adjudication: Lessons from Europe
One of the most remarkable political developments of the twentieth century has been the development of constitutional democracy in Europe after World War II. The defeated powers in the western part of the continent adopted new constitutions that embraced...
Constitutional Courts vs. Religious Fundamentalism: Three Middle Eastern Tales
Over the past few decades, principles of theocratic governance have gained enormous public support in developing polities worldwide. The countries experiencing this resurgence of religious fundamentalism are diverse, spanning the globe from Central and...
Constitutionalizing Democracy in Fractured Societies
I. The Constitutional Foundations of DemocracyConstitutionalism exists in inherent tension with the democratic commitment to majoritarian rule. At some level, any conception of democracy invariably encompasses a commitment to rule by majoritarian preferences,...
New Constitutional Ideas: Can New Parliamentary Models Resist Judicial Dominance When Interpreting Rights?
A handful of parliamentary systems have overcome their historic reluctance to adopt a bill of rights. Yet in changing governing principles to ensure that individual rights become more explicit norms in legislative decision making, they have contributed...
Reflection
I. IntroductionA. The Mirror of ComparisonRecent scholarship debates the merits of constitutional "borrowing."1 How, if at all, might knowledge respecting constitutional choices made abroad bear appropriately on choices confronting constitutional drafters...
Social Welfare Rights and the Forms of Judicial Review
I. IntroductionThe conventional wisdom among scholars of U.S. constitutional law is that the Constitution-and indeed constitutions more generally-should not recognize, or be interpreted to recognize, so-called second generation social welfare rights,...
The Consequences of Centralizing Constitutional Review in a Special Court: Some Thoughts on Judicial Activism
I. IntroductionIf one examines the legal landscape of contemporary Europe, one will be struck by the institutional salience of constitutional courts. In a long evolution that started after the First World War and reached its climax after the fall of...
The Permeability of Constitutional Borders
[T]he science of jurisprudence, the pride of the human intellect, which with all its defects, redundancies, and errors is the collected reason of ages, combining the principles of original justice with the infinite variety of human concerns . . . .I....
Thinking outside the Sovereignty Box: Transnational Law and the U.S. Constitution
Recent opinions of the Supreme Court,1 as well as statements by several of the Justices in extra-judicial speeches,2 suggest a willingness to look at foreign sources of law as aids in constitutional interpretation. Constitutional scholarship has also...
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