Article Abstract:
The passage of the North American Free Trade Agreement by the Senate in 1993 did not comport with the requirements of Treaty Clause of the Constitution, but the Supreme Court should not act to strictly enforce the treaty-making procedures of the Constitution. The current process of enacting treaties, the congressional-executive agreement, arose during the Roosevelt era at the end of the Second World War. Debate over the World Trade Organization has rekindled questions on the relative treaty-making powers of the President and Congress. If the Supreme Court were to act on this issue, it would be misguided to return control to the Senate as the Constitution dictates.
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Article Abstract:
The justiciability doctrine under the US Constitution's Article III should be interpreted, according to a separation-of-powers analysis, as allowing federal courts to hear the claims of future injury plaintiffs in federal class actions. Article III's case or controversy requirement does not automatically preclude federal court jurisdiction of these claims. Federal courts should have the discretion and flexibility to hear such matters on a case-by-case basis, if the claims meet class certification requirements.
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Article Abstract:
The author argues against adoption of an American-style separation of law-making powers by other nations. He proposes a model of 'constrained parliamentarianism,' with a prime minister selected by an elected house, balanced by a constitutional court and separate branches addressing government corruption, the bureaucracy, civil, economic and human rights.
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