“Preventing an Appeal to the Sword:” The Role of the Judiciary in American Federalism and European Integration
The article explores and compares the role of the judiciary in US constitutionalism and European integration. The development of these two legal orders has raised very similar constitutional problems and the purpose of the inquiry is to highlight the similar legal solutions devised by the US Supreme Court and the European Court of Justice. Four aspects have been singled out to show the importance of constitutional adjudication by courts in both experiences: the foundations of judicial review, supremacy of federal/Community law over state legislation, the protection of fundamental rights, and the dialogue among constitutional courts.
ON LISTENING TO THE KULTURKAMPF, OR, HOW AMERICA OVERRULED BOWERS V. HARDWICK, EVEN THOUGH ROMER V. EVANS DIDN’T
Is Bowers v. Hardwick still good law? It’s been fourteen years since the decision upholding Georgia’s sodomy law knocked the wind out of the gay rights movement and signaled an end to the expansion of the Supreme Court’s substantive due process jurisprudence. Fourteen years, and much has changed: a largely different Court; a subsequent “gay rights case,” Romer v. Evans; but also an exponential rise in openly gay television characters, Hollywood celebrities, and politicians; a widespread extension by corporations of family benefits to gay and lesbian domestic partners; and unprecedented public debate on gay marriage, gays in the military, gays at the office, gays just about everywhere. Is the old, quaint reasoning of Bowers still the law of the land? Upon close reading, I think it is impossible to maintain that the 1996 decision of Romer v. Evans, which voided as unconstitutional a Colorado state constitutional amendment banning gay rights ordinances, overruled Bowers. Different in tone, Romer never mentioned Bowers, the cases rest on different grounds (Romer on the Equal Protection Clause, Bowers on the Due Process Clause), and the laws at
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.