amend than legislation or regulations, constitutionalizing
379, 412-13 (2012) ("In one of Otto Kahn-Freund's final published works he explored the potentials and the pitfalls of constitutionalizing
the decision is more than a few steps short of constitutionalizing
Obviously that finding is not fatal to the normative or theoretical arguments against constitutionalizing
groundwater rights, or water rights more generally.
The point is simply that such a legal framework is not beyond the reach of human creativity; constitutionalizing
some press activity need not as a matter of logic lead indiscriminately to constitutionalizing
every press activity, however unrelated to the distinct function of press freedom or however injurious to the public interest.
See Katz & Mair, supra note 226, at 16 (discussing the emergence of the "cartel party"); van Biezen, Political Parties as Public Utilities, supra note 226, at 705 (explaining that because of the increasing involvement of the state, "political parties have been progressively incorporated into the public domain"); van Biezen, Constitutionalizing
Party Democracy, supra note 226, at 208 (arguing that a third mode of constitutionalism allows for political parties to be primarily understood as public utilities).
Now we are treated to courts constitutionalizing
all sorts of aberrant behavior that, from the beginning of the Republic, had been prohibited or regulated by the states' police power.
troubling still, by constitutionalizing
a right to an activity
Secretary-general of the Popular Movement party (MP), Mohand Laenser, said that the constitution comes up with an answer to "almost all of our aspirations, such as the constitutionalizing
of the Amazigh language and the new powers granted to the future prime minister and the next parliament.
17) In its cases, the Court has articulated several canons of interpretation that counsel against both constitutionalizing
an issue in the first place and against deciding constitutional questions unless it is absolutely necessary to do so.
See also Margaret Gihooley, Constitutionalizing
Food and Drug Law, 74 TUL.
Whereas the Warren Court had inched ever closer towards constitutionalizing
certain positive social and economic constitutional rights, the Burger Court firmly applied the brakes and reversed course.
Brandeis refrained from constitutionalizing
standing in his famous
Having reflected on the decision of the Court, and what it means for workers and for unions, I am compelled to say that I remain somewhat skeptical about the real value of constitutionalizing
The question for the purposes of constitutionalizing
the Harm Principle is not about what the state may or may not criminalize, but rather it is about when it may legitimately deprive a person of her liberty by means of penal detention.