Constitutional Law: Commerce Clause: Foreign Commerce: Validity of State Statute Prohibiting Racial Discrimination by Carrier

1948 ◽  
Vol 46 (6) ◽  
pp. 826
Author(s):  
Bruce L. Moore
Keyword(s):  
Racial Discrimination ◽  
Constitutional Law ◽  
Commerce Clause ◽  
Foreign Commerce

An Interpretation of Max Weber's Theory of Law: Metaphysics, Economics, and the Iron Cage of Constitutional Law

1991 ◽  
Vol 16 (02) ◽  
pp. 205-248 ◽  
Author(s):  
Stephen M. Feldman
Keyword(s):  
Racial Discrimination ◽  
Constitutional Law ◽  
Western Society ◽  
Economic Action ◽  
Iron Cage ◽  
Weberian Theory ◽  
Substantive Rationality ◽  
Formal Rationality ◽  
Theory Of Law ◽  
Constitutional Jurisprudence

Among legal scholars, Anthony T. Kronman and David M. Trubek have provided the leading interpretations of Weber's theory of law. Kronman and Trubek agree on two important points: Weber's theory is fundamentally contradictory, and Weber's theory relates primarily to private law subjects such as contracts. This article contests both of these points. Building on a foundation of Weber's neo-Kantian metaphysics and his sociological categories of economic action, this article shows that Weber's theory of law is not fundamentally inconsistent; rather it explores the inconsistencies that are inherent within Western society itself, including its legal systems. Furthermore, Weber's insights can be applied to modern constitutional jurisprudence. Weberian theory reveals that modern constitutional law is riddled with irreconcilable tensions between process and substance—between formal and substantive rationality. In the context of racial discrimination cases involving equal protection and the Fifteenth Amendment, the Supreme Court's acceptance of John Hart Ely's theory of representation-reinforcement demonstrates the Court's resolute pursuit of formal rationality, which insures that the substantive values and needs of minorities will remain unsatisfied.

Koowarta v Bjelke-Peterson and Others State of Queensland v Commonwealth of Australia

1983 ◽  
Vol 13 (4) ◽  
pp. 360-375 ◽  
Author(s):  
Tony Martin
Keyword(s):  
Racial Discrimination ◽  
Constitutional Law ◽  
Locus Standi ◽  
The People

Constitutional law — Constitution (Cth) s 51(xxix) —external affairs power — whether racial discrimination a matter of international concern — Constitution (Cth) s 51(xxvi) — laws for the people of any race — Racial Discrimination Act 1975 (Cth) ss 9, 12 — locus standi — “person aggrieved”. Racial Discrimination — Racial Discrimination Act 1975 (Cth) ss 9, 12 — constitutional validity — Constitution (Cth) s 51(xxvi), s 51(xxix).

Sign in / Sign up

Export Citation Format

Share Document