For more than 100 years the “American system” of adjudication mastered by one Supreme Court vested also and in particular with the power to review administrative as well as legislative acts enjoyed the virtual monopoly to serve as the role-model of Constitutional review. When the Austrian...

This essay responds to the Foulston, Siefkin Lecture, delivered by Professor William Eskridge at the Washburn University School of Law. Professor Eskridge challenged not only the argument that political powerlessness is a requirement for heightened scrutiny under the Equal Protection Clause, but...

Should Canada have a representative Supreme Court? While the idea has an undeniable appeal, and is received wisdom in a variety of institutional settings in the public sphere (the federal public service, for example, is committed to becoming a representative institution), it sparks some...

Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility...

The Supreme Court’s apparent holding that ERISA §502(a)(1)(B) is generally inapplicable to cases where summary documents conflict with formal plan documents bears little scrutiny. This apparent result raises at least four serious questions. First, did the Court intend to reach this broad...

The experience of the Romanian Constitutional Court regarding the interference between the European Union law and the constitutional right is further reduced. The beginning was shy, with a formal reference in 2000. Later, the solutions have resulted in confusion between the law of the European...

Judicial elections, particularly elections to state supreme courts, have generated substantial commentary over the last decade. Observers have asserted that elections have become more hotly contested, nastier, more expensive, and more divisive. This paper focuses on the question of whether...

The paper provides a comment to the Polish Supreme Court judgement. The issue that is analysed concerns full judicial control over the procedural infringements during administrative competition proceedings

From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war...