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Full-Text Articles in Political Science

Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery Nicholas Jul 2015

Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery Nicholas

Jeffery Nicholas

I argue that Aristotle could not be a fore-runner to liberalism, because his view of humanity is that human beings are constituted by a community and achieve self-fulfillment only as so constituted. Thus, Aristotle endorses a unique position that defends the freedom and self-development of the individual within the parameters of a social order.


The Secession Reference And The Limits Of Law, Richard Kay Dec 2002

The Secession Reference And The Limits Of Law, Richard Kay

Richard Kay

When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all ...


Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery Nicholas Dec 2002

Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery Nicholas

Jeffery L Nicholas

I argue that Aristotle could not be a fore-runner to liberalism, because his view of humanity is that human beings are constituted by a community and achieve self-fulfillment only as so constituted. Thus, Aristotle endorses a unique position that defends the freedom and self-development of the individual within the parameters of a social order.


State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying ...