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only those powers granted to it by the sovereign.” Herbert Hovenkamp, The Classical Corporation in American Legal Thought , 76 Geo. L.J. 1593, 1645 (1988). But, as I argue throughout, corporations have become forms of sovereigns themselves, primarily by acquiring human rights and “personalities” and tethering those qualities to the corporation’s inhuman attributes. Though now credited with personhood, corporations cannot act with univocal intention or possess agency. They are at best simulacra, imitations of human life. But corporations don’t just mimic human
Amirante C. (2008), Dalla forma Stato alla forma mercato, Torino, Giappichelli, 2008.
Árnason Á. Th., Review of the Icelandic Constitution – popular sovereignty or political confusion , Tijdschrift voor Constitutioneel Recht, 2011, p. 342–351
de la Rosa, J.L. and Stodder, J. (2015) ‘On Velocity in Several Complementary Currencies’, International Journal of Community Currency Research 19 (D) 114–127< www.ijccr.net >ISSN1325-9547 http://dx.doi.org/10.15133/j.ijccr.2015.012 , p. 122, Table 3.
De Meulenaere, S. (2000
that people in the original position would agree to a rule requiring rescue, as it would improve people’s qualityoflife even absent the need for actual assistance.
A sufficient ground for adopting this duty is its pervasive effect on the qualityof everyday life the public knowledge that we are living in a society in which we can depend upon others to come to our assistance in difficult circumstances is itself of great value…the primary value of the principle is not measured by the help we actually receive but rather by the sense of confidence and trust in
from acts of government inconsistent with fundamental human rights and that these rights are not necessarily fixed in time, but are discovered “as the race becomes more evolved, and as the respect for the dignity of human life increases.”); D AVID S KILLEN B OGEN , P RIVILEGES AND I MMUNITIES . A R EFERENCE G UIDE TO THE U NITED S TATES C ONSTITUTION (2003). studies dedicated to the history and development of the Privileges and Immunities Clause or the Ninth Amendment. See , e . g ., R ANDY E. B ARNETT , T HE R IGHTS R ETAINED BY THE P EOPLE : T HE H
more conduct than any jurisdiction could possibly punish”); and Richard A. Epstein, How Progressives Rewrote the Constitution 2 (2006) (“The New Deal Court thus vindicated both expansive federal powers and limited protection of individual rights of liberty and property…That transformation represents the defining moment in modern American constitutional law: the Court’s shift toward the big government model that continues to dominate today”). degrade both the qualityoflife and the confidence in legal institutions of those subjects who live under them. For the
guaranteed by the structure of government established in the Constitution: ‘Every tin horn dictator in the world today, every president for life, has a Bill of Rights. That’s not what makes us free; if it did, you would rather live in Zimbabwe. But you wouldn’t want to live in most countries in the world that have a Bill of Rights. What has made us free is our Constitution. Think of the word “constitution”; it means structure […] The genius of the American constitutional system is the dispersal of power. Once power is centralized in one person, or one part [of government
In the context of the 40 th anniversary of Buckley v. Valeo, 424 U.S. 1 (1976). a recent line of authority spurning electoral reforms, See Randall v. Sorrell, 548 U.S. 230 (2006), Federal Election Comm’n v. Wisconsin Right to Life, 551 U.S. 449 (2007), Citizens United v. Federal Election Comm’n, 558 U.S. 310 (2010). an election cycle in which expenditure on campaigning exceeded $7 billion, Projected figures as at 10 November 2016. See https://www.opensecrets.org/overview/cost.php (accessed 3/7/17), showing total spending as $6
note 47, at 238. Further, it is possible to arrive at valid reasons for choosing even when dealing with incommensurable alternatives. It is a normal part oflife to grapple with competing priorities: the differences in nature and qualitiesof apples and oranges do not prevent us from choosing between them every time we decide to eat. Amartya Sen, The Idea of Justice 242, 395 (2009). This can be extrapolated to judicial-making: “ Legal systems justifiably — and in fact, necessarily — authorize judges to resolve many issues that can only be justly resolved by
is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time …” 444 Parl Deb HC (5 th ser.) (1947) col. 206-07. A democracy is a society governed by the will of its people. A people’s will is slippery, vague, fickle and ephemeral. It may be more realistic to say that democracy is a society governed by whatever voters will put up with. What matters to people, of course, is what has always mattered: well-being and justice, or as the Framers put it, life, liberty