Global law and the black holes (that would like to gobble it up)
One of the many effects of globalization that marked the beginning of the new century was the awareness that, in a myriad different ways, the process had spawned a global legal space; not just a potential space, but a space increasingly filled with regulations, decisions, … [Read more...]
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Of Cheques and Balances: Separation of Powers in International Organizations Law
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The Separation of Powers. Prologue in the 18th century: from Montesquieu to Madison
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The Missing Montesquieu. History and Fetishism in the New Separation of Powers Formalism
This Article uses the absence of Montesquieu from American Supreme Court decisions to highlight some problems with American separation of powers law. Recently, the Court has embraced a neoformalist approach, allegedly justified by the Constitution’s “original meaning.” Yet the … [Read more...]
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