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John Hart Ely ( / ˈiːliː / EE-lee; December 3, 1938 – October 25, 2003) was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death.
John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.
8. Mai 2021 · This article contrasts two reads of John Hart Ely's political process theory, one narrow and one broad, based on different contexts. The narrow read is for the twentieth-century US context, while the broad read is for fragile democracies in danger of erosion or breakdown. The article develops a typology of functions that courts could perform under the broad read and discusses its challenges and insights.
- Manuel José Cepeda Espinosa, David Landau
- 2021
14. Mai 2021 · John Hart Ely’s Democracy and Distrust is a classic among US theories of judicial review. But how far does Ely’s global influence reach? And how useful is Ely’s process-based theory for judges operating in systems with a thicker, more substantive understanding of rights and constitutionalism, as prevails in many countries of ...
- Rosalind Dixon, Michaela Hailbronner
- 2021
27. Okt. 2003 · John Hart Ely, a constitutional scholar of dazzling originality and wide influence, died on Saturday in Miami. He was 64. The cause was cancer, his wife, Gisela Cardonne Ely, said.
10. Juni 2021 · John Hart Ely’s process theory of judicial review has had an influence on constitutions across the globe. This article explores and evaluates Ely’s influence on the drafting and development of the 1982 Canadian Charter of Rights and Freedoms.
5. Aug. 1996 · John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law.
