Blog of the International Journal of Constitutional Law

Tag: Cherry

  • Changing the Constitution in the Guise of Preserving It

    –Qinhao Zhu, University of Oxford In most professions creativity is good. But the value of judicial creativity is more suspect. There’s the suspicion that the creative judge is cheating. Hence, judges often portray their decisions as unoriginal. At one time in England it was said that the common law had existed since the creation of the world (Wallyng v Meger).

  • Observations on the Supreme Court’s Miller and Cherry Hearings

    —Theodore Konstadinides, Professor of Law, University of Essex The Miller / Cherry legal battle last week lingered between the tectonic plates of the political and the legal. It was three days of carefully defined legal terms, extended and masterful advocacy combined with awkward pauses, grimaces of disbelief, and phrases that baffled non-lawyers.