Results for 'Constitutional law'

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  1.  18
    Constitutions.David S. Law - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
    This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and implementation. (...)
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  2. Constitutions.David S. Law - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford handbook of empirical legal research. Oxford University Press.
     
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  3.  39
    The Global Language of Human Rights: A Computational Linguistic Analysis.David S. Law - 2018 - The Law and Ethics of Human Rights 12 (1):111-150.
    Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...)
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  4. Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.L. K. Gustin Law - 2017 - In Emma Cohen de Lara & Rene Brouwer (eds.), Aristotle’s Practical Philosophy: On the Relationship between the Ethics and Politics. Chem, Switzerland: Springer. pp. 93-118.
    Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...)
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  5.  50
    Toward a theology of boundary.Jeremy T. Law - 2010 - Zygon 45 (3):739-761.
    Awareness of boundary, both physical and mental, is seen as the beginning of perception. In any account of the world, therefore, boundary must be a ubiquitous component. In sharp contrast, accounts of God within the Christian tradition commonly have proceeded by the affirmation that God is above and beyond boundary as infinite, timeless, and simple. To overcome this “problem of transcendence,” of how such a God can relate to such a world, an eight-term grammar of boundary is developed to demonstrate (...)
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  6.  21
    Abortion: Supreme Court Avoids Disturbing Abortion Precedents by Ruling on Grounds of Remedy – Ayotte v. Planned Parenthood of Northern New England.Nathaniel Law - 2006 - Journal of Law, Medicine and Ethics 34 (2):469-471.
    On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion (...)
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  7. Ethical Advance and Ethical Risk - A Mengzian Reflection.L. K. Gustin Law - 2020 - Dao: A Journal of Comparative Philosophy 19 (4):535-558.
    On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...)
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  8.  17
    Abortion: Supreme Court Avoids Disturbing Abortion Precedents by Ruling on Grounds of Remedy – Ayotte v. Planned Parenthood of Northern New England.Nathaniel Law - 2006 - Journal of Law, Medicine and Ethics 34 (2):469-471.
    On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion (...)
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  9. Home page / publications.Israel Law - unknown
    The Article explores relationships between contemporary international human rights and democracy. In what respects are they two sides of the same coin, in what respects are they different coins? Do they depend on and complete each other? Can the two be in contradiction? The Article looks at these questions from several perspectives, including their historical connections, the changing definitions and understandings of each, their functional links, their determinacy, and their character as universal phenomena. It also indicates ways in which courts, (...)
     
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  10. Larry A. Alexander.What Constitutions Are - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell.
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  11.  9
    Just Interpretations: Law Between Ethics and Politics.Michel Rosenfeld & Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld - 1998 - Univ of California Press.
    "An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.
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  12.  20
    Legislating clear-statement regimes in national-security law.Jonathan F. Mitchell & GMU Law School Submitter - unknown
    Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...)
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  13.  5
    The Anatomy of a Constitutional Law Case.Alan F. Westin - 1990 - Columbia University Press.
    In his newly updated version of The Anatomy of a Constitutional Law Case, Alan F. Westin provides a documentary portrait of historically important constitutional law case, 'Youngstown Sheet & Tube Co. v. Sawyer, ' from its rise in a bargaining dispute in the steel industry during 1952 to the aftermath of its decision by the United States Supreme Court. Westin has added to his classic book additional materials and personal commentaries collected since the work was first published. The (...)
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  14.  8
    Constitutional law and equality.Maimon Schwarzschild - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 160–176.
    This chapter contains sections titled: The Enlightenment and Its Antecedents Equal Rights and American Constitutional Law Liberty and Equality under the Constitution The Radical Critique and the Radical Dilemma Rawls Dworkin Equality of Capabilities Equality Unmodified or Spheres of Justice Is Equality a Value? References.
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  15.  14
    The Constitutional Law of the College of Cardinals: Hostiensis to Joannes Andreae.John A. Watt - 1971 - Mediaeval Studies 33 (1):127-157.
  16.  65
    Constitutional law and religion.Perry Dane - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 119–131.
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...)
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  17.  3
    Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism.Thomas Bustamante & Bernardo Gonçalves Fernandes (eds.) - 2016 - Cham: Imprint: Springer.
    This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on "weak judicial review". Although different in their approach, the chapters all (...)
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  18.  9
    Constitutional law and interpretation.Philip Bobbitt - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 132–144.
    This chapter contains sections titled: Interpretation According to Law References.
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  19.  16
    Islam, Constitutional Law and Human Rights. Sexual Minorities and Freethinkers in Egypt and Tunisia, by Tommaso Virgili.Jaume Saura - 2024 - Human Rights Review 25 (1):127-129.
  20.  20
    Philosophical Foundations of Constitutional Law.David Dyzenhaus & Malcolm Thorburn (eds.) - 2016 - Oxford, United Kingdom: Oxford University Press UK.
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it (...)
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  21.  6
    Constitutional law and privacy.Anita L. Allen - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 145–159.
    This chapter contains sections titled: Focus: The United States Theorizing about Privacy Meaning and Definition Questions of Value Conclusion References.
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  22.  12
    Social Darwinism and constitutional law with special reference to Lochner v. New York.Joseph Frazier Wall - 1976 - Annals of Science 33 (5):465-476.
    American historians have generally accepted Richard Hofstadter's thesis that the scientism of Social Darwinism, or more appropriately, Spencerianism, dominated American thought in the late nineteenth and early twentieth century, and nowhere more enthusiastically or more purposively than within the conservative business community, which used Herbert Spencer's scientism to justify corporate business practices and to rewrite American Constitutional law to protect property interests against governmental regulations. Following Sharlin's general exposition of Herbert Spencer's scientism, this paper examines in detail the validity (...)
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  23.  10
    3. Constitutional Law.William E. Scheuerman - 2018 - In Hauke Brunkhorst, Regina Kreide & Cristina Lafont (eds.), The Habermas handbook. New York: Columbia University Press. pp. 36-42.
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  24.  19
    Constitutional Law and New Technology.Paul Gewirtz - 1997 - Social Research: An International Quarterly 64.
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  25. Constitutional law.Mitchell N. Berman - 2020 - In John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law. New York, NY, USA: Cambridge University Press.
     
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  26.  11
    Constitutional law and the limits of Rawlsian liberty.Gillian Sinnott - 2020 - Legal Theory 26 (2):124-155.
    ABSTRACTThis paper examines the scope of John Rawls's theory of liberty. It first develops an account of how this theory, which Rawls presents in largely abstract terms, applies in specific cases. It then argues that this account reveals that the scope of Rawls's theory of liberty is surprisingly narrow and that it does not include such seemingly obvious liberal rights as the freedom to engage in the sexual behavior of one's choice or to have access to pornography.
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  27.  16
    Constitutional law: state partial birth abortion statutes may be constitutional.Kristin O'Connell - 1998 - Journal of Law, Medicine and Ethics 27 (4):384-385.
  28.  14
    Constitutional Law: U.S. Supreme Court Clarifies Procedural Requirements for Workers’ Compensation Benefits Claim.Kathleen A. Collins - 1999 - Journal of Law, Medicine and Ethics 27 (2):198-200.
    The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988, that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, and (...)
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  29.  3
    Constitutional Law: Idaho High Court Holds Like Providers to Equal Protection Standard.Gilbert Swift - 1999 - Journal of Law, Medicine and Ethics 27 (2):198-198.
    The Supreme Court of Idaho held, in Idaho Association of Chiropractic Physicians, Inc. v. Alcorn, No. 23787,1999 WL 134677, at *1, that insurance regulations of health care services must apply equally to all providers. The Idaho legislature enacted the Small Employer Health Insurance Availability Act, Idaho Code § 41-4701, and the Individual Health Insurance Availability Act, id. § 41-5201, which is to be implemented by the Idaho Small Employer and Individual Health Reinsurance Program. The goal of the legislation is to (...)
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  30. Constitutional law and epistemic injustice : hate speech, stereotyping and recognition harm.Rebecca Tsosie - 2023 - In Paul Giladi & Nicola McMillan (eds.), Epistemic Injustice and the Philosophy of Recognition. Routledge Taylor & Francis Group.
     
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  31. Constitutional law and epistemic injustice : hate speech, stereotyping and recognition harm.Rebecca Tsosie - 2022 - In Paul Giladi & Nicola McMillan (eds.), Epistemic injustice and the philosophy of recognition. Routledge Taylor & Francis Group.
     
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  32.  19
    Elastic constitutive laws for incompatible crystalline media: the contributions of dislocations, disclinations and G-disclinations.Manas Vijay Upadhyay, Laurent Capolungo, Vincent Taupin & Claude Fressengeas - 2013 - Philosophical Magazine 93 (7):794-832.
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  33.  37
    Power and Principle in Constitutional Law.Pavlos Eleftheriadis - 2016 - Netherlands Journal of Legal Philosophy 45 (2):37-56.
    Legal and sociological theories of sovereignty disagree about the role of legal and social matters in grounding state power. This paper defends a constructivist view, according to which the constitution is a judgment of practical reason. The paper argues that a constitution sets out a comprehensive institutional architecture of social life in terms of principles and official roles that are necessary for any legitimate scheme of social cooperation to exist. It follows that legal and sociological theories of sovereignty capture only (...)
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  34. Incompletely theorized agreements in constitutional law.Cass R. Sunstein - 2007 - Social Research: An International Quarterly 74 (1):1-24.
    How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under (...)
     
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  35. Incompletely Theorized Agreements in Constitutional Law.Cass Sunstein - 2007 - Social Research: An International Quarterly 74:1-24.
    How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under (...)
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  36.  30
    Proportionality & Comparative Constitutional Law versus Studies.Rosalind Dixon - 2018 - The Law and Ethics of Human Rights 12 (2):203-224.
    The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.
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  37. Hanks Australian constitutional law: Materials and commentary, [Book Review].John Alati - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:38.
     
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  38.  9
    Colonies, Commerce, and Constitutional Law: The Collected Works of Jeremy Bentham.Jeremy Bentham - 1995 - Oxford University Press UK.
    Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the (...)
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  39.  6
    Democratic Crisis and Global Constitutional Law.Christopher Thornhill - 2021 - Cambridge University Press.
    Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the national (...)
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  40. Rawls on constitutionalism and constitutional law.Frank Michelman - 2002 - In Samuel Freeman (ed.), The Cambridge companion to Rawls. New York: Cambridge University Press. pp. 394--425.
     
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  41. The Concept of Human Dignity in German and Kenyan Constitutional Law.Rainer Ebert & Reginald M. J. Oduor - 2012 - Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):43-73.
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of (...)
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  42.  10
    Early Engagements with the Constitutive Laws of Others: Possible Lessons from Pre-Modern Religious Law.Ran Hirschl - 2016 - Law and Ethics of Human Rights 10 (1):71-108.
    Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.
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  43.  21
    11 A constitutional law for future generations–the 'other'form of the social contract: the generation contract.Peter Haeberle - 2006 - In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar. pp. 215.
  44.  27
    Catholicism and Constitutional Law.Bill Piatt - 2010 - Journal of Catholic Social Thought 7 (2):337-352.
  45. Human rights and constitutional law : patterns of mutual validation and legitimation.Samantha Besson - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford University Press UK.
     
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  46.  10
    Creating a Constitution: Law, Democracy, and Growth in Ancient Athens by Federica Carugati.Matteo Barbato - 2020 - Classical World: A Quarterly Journal on Antiquity 114 (1):112-113.
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  47. Great Cases in Constitutional Law, edited by Philip L. Quinn and Kevin Meeker.K. E. Himma - 2001 - Teaching Philosophy 24 (4):400-403.
     
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  48.  6
    Early Engagements with the Constitutive Laws of Others: Possible Lessons from Pre-Modern Religious Law.Ran Hirschl - 2016 - The Law and Ethics of Human Rights (1).
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  49.  22
    Rawls on Constitutionalism and Constitutional Law 395.I. Rawls On Constitutionalism - 2002 - In Samuel Freeman (ed.), The Cambridge companion to Rawls. New York: Cambridge University Press.
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  50. The Making of Constitutional Law.Jacob W. Landynski - forthcoming - Social Research: An International Quarterly.
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