Results 191 to 200 of about 17,334 (212)
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Federal Law Review, 2022
AbstractIn this article, we seek to delineate the nature of India’s ongoing constitutional struggles against a grave crisis, considering the threat that such crisis poses to the functioning of the country’s constitutional democracy. Using the acceptable definitive models of such a crisis, we then try to examine the extent to which India’s ...
Shameek Sen, Shouvik K Guha
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AbstractIn this article, we seek to delineate the nature of India’s ongoing constitutional struggles against a grave crisis, considering the threat that such crisis poses to the functioning of the country’s constitutional democracy. Using the acceptable definitive models of such a crisis, we then try to examine the extent to which India’s ...
Shameek Sen, Shouvik K Guha
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Autocratic Government Moderates the Relationship Between Culture and Legal Restriction
Journal of Cross-Cultural Psychology, 2018Laws that restrict citizens exist in every form of government. Although previous research has shown that legal restriction is tied to culture-level variables such as collectivism, we propose and test a novel interactive model specifying that the culture-legal restriction relationship will depend on the level of democracy or autocracy present in the ...
Linus Chan, Lucian Gideon Conway
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Colonization, Duplication, Evasion: The Institutional Strategies of Autocratic Legalism
SSRN Electronic Journal, 2018Over the past two decades, democratically-elected governments in Latin America and East Central Europe have used the law to disable accountability institutions and concentrate power in the executive, transforming consolidated democracies into "autocratic legalist" regimes.
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The Digest of Laws of the Russian Empire: The Phenomenon of Autocratic Legality
Law and History Review, 2012Researchers of the history of late imperial Russia quite often base their studies on the texts of laws as recorded in the official edition: the Complete Collection of the Laws of the Russian Empire (Polnoe Sobranie zakonov Rossiiskoi imperii). The laws were published there in chronological order for purposes of conducting inquiries; it was specifically
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The Instrumentalization of Criminal Law in Autocratic Legalism
International Journal of Criminology and Criminal LawThis manuscript examines the complex and often fraught relationship between crime governance, criminal justice systems, and democratic governance. Drawing on theoretical frameworks from Foucault to social contract theory, comparative penology, and empirical studies of mass incarceration, it argues that the administration of criminal justice is not ...
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Abstract Though autocracy is often defined by arbitrary and unrestrained rule, many autocrats deliberately enshrine their power in law. A vast and growing body of research among scholars of political science and socio-legal history has examined these themes, showing the myriad ways in which laws can form the backbone of ...
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Lawyers Without an Association: The Legal Professionals Challenging Autocratic Legalism in Egypt
Indiana Journal of Global Legal StudiesAbstract: The lawyers' profession is central to the story of modern nation-building in Egypt. At the turn of the 20th century, lawyers fought for modernizing reforms, championed liberalism in government, and instigated a national fight for independence against British colonial rule.
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Courts as Guardrails? Free Speech and Autocratic Legalism in the Trump-Era United States
2023In this paper, I describe a variety of new state restrictions on free expression that have emerged in the Trump-era <span>United States and offer a provisional assessment of the judicial response thereto. In particular, I review recent legislation restricting disruptive political protest, public expressions of gender nonconformity ...
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Blowing the rule of law away? Autocratic legalism meets supranational opportunism
This chapter critiques the EU's response to rule of law backsliding in Member States, arguing that it has led to an expansion of supranational powers but without meaningful impact. Despite its potential, this ‘constitutional revolution’ has been undermined by increased politicization, where decisions are dictated by political expediency rather than ...openaire +1 more source