Recently added articles from Texas Law Review:
Designing a Constitution: Of Architects and Builders
Jun 01, 2009; ... This Article offers a prolegomenon to the basic problems of constitutional design rather than prescribes any particular values, institutional arrangements to secure those values, or means to obtain the best fit between a larger culture and a given political order.1 My purpose is to illuminate ...
What, If Anything, Do We Know About Constitutional Design?/Foreword: "I Read the News Today, Oh Boy"[dagger]: The Increasing Centrality of Constitutional Design
Jun 01, 2009; ... Consider the lead sentence of a recent story in the New York Times on the aftermath of the rejection by the California electorate of a number of measures most political leaders deemed necessary to rescue the state from its present desperate economic situation: "Direct democracy has once again ...
Constitutional Horticulture: Deliberation-Respecting Judicial Review
Jun 01, 2009; ... Engineering and architectural metaphors recur in discussions of constitutionalism by both political scientists and law professors. The dominant image is one of architects who design a constitution, which is then constructed or built according to the design.1 These metaphors have largely ...
The "Design Sciences" and Constitutional "Success"
Jun 01, 2009; ... We all know the rule of umbrellas - if you take your umbrella, it will not rain; if you leave it, it will. - Ralph Waldo Emerson (American philosopher)1 Design can be art. Design can be aesthetics. Design is so simple, that's why it is so complicated. - Paul Rand ...
Making Presidential and Semi-presidential Constitutions Work
Jun 01, 2009; ... I. Introduction For many years, comparative scholarship about forms of government in general, and presidentialism in particular, has been dominated by Juan Linz's analysis of the perils of presidentialism. As we know, Juan Linz made a forceful argument that presidential institutions are ...