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    Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies
    Luís Roberto Barroso. 4/4/2019. “Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.” The American Journal of Comparitive Law. See full text.Abstract
    Justice Luis Roberto Barroso's latest article on Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.

    The primary purpose of this article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the countermajoritarian role traditionally recognized in constitutional theory, two other roles: representative and, occasionally, enlightened. In the construction of the argument, the Article analyzes the phenomena of the judicialization of politics and judicial activism, as well as the issue of the difficult demarcation of the border between law and politics in the complex and plural societies of today. Although it presents several examples of the constitutional experience of the United States, the Article’s conclusions are generalizable, looking at the roles of constitutional courts from the perspective of a global constitutionalism whose categories have become common practice in the democracies of the world.

    See full text. 

    Civic Education
    John Shattuck and Mathias Risse. 11/30/2020. “Civic Education.” Reimagining Rights and Responsibilities in the United States, 2020-004. See full text.Abstract

    A well-informed citizenry is essential in a democracy to preserve American values and make sound decisions in every area, from the school board meeting to the voting booth. Yet, arguably, in no other way have Americans fallen so short from what the Framers intended than in their understanding of and participation in democratic governance. A 2019 survey by the Annenberg Public Policy Center of the University of Pennsylvania found that only 39 percent of respondents could name all three branches of government, and 22 percent could not name any. Voting rates average only 56 percent in presidential elections, and are as low as 40 percent in mid-terms, ranking the U.S. far below most other democracies in voting participation. In short, the American people are not well-informed about their own government, do not turn out to vote in high numbers, and do not engage significantly in politics and civics.

    In addition to providing a set of policy recommendations, this issue of the Reimagining Rights and Responsibilities paper series outlines historical origins of civic education, the status of state and federal requirement, the dearth of federal funding, and the current political tensions within civic education. 

    Read the full paper here.  

    See all the issues of the Reimagining Rights and Responsibilities paper series here. 

    Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm
    Averell Schmidt and Kathryn Sikkink. 2/20/2019. “Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm.” Journal of Global Security Studies, 4, 1, Pp. 105-122. See full text.Abstract
    Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm recent journal article by Kathryn Sikkink and Averell Schmidt

    Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article investigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a heterogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms.

    Read more here: https://academic.oup.com/jogss/article-abstract/4/1/105/5347914?redirectedFrom=fulltext

    #Us Too: Children on the Move and Belated Public Attention
    Jacqueline Bhahba. 4/12/2018. “#Us Too: Children on the Move and Belated Public Attention.” International Journal of Law, Policy and the Family, 21, 2, Pp. 250-258. Publisher's VersionAbstract
    Children on the move are having their #UsToo moment.

    Over the past months, momentous developments point to a more intense engagement with the needs and rights of refugee and other migration-affected children than has previously been evident. As with #Me too, many of the most central claims – the pervasive presence of abuse, the scale of the problem, the striking power imbalances that have perpetuated the problem’s relative invisibility – are not new or surprising per se. It is the avalanche of evidence, the mobilization of affected constituencies, and the sobering realization of the extent and consequences of previous denial that are disquieting.

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