Sovereignty, Difference & Constitutional Pluralism: The European Union and Canada in Dialog
Both Canada and the European Union feature multiple overlapping legal systems, each with independent sovereignty claims and distinctive cultural traditions. Courts in both settings have therefore been forced to reckon with ‘constitutional pluralism’.
Keith Cherry
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Constitutionalism and Ethnic Conflict
The role of a constitution and a constitutional order in political development is generally not discussed in recent literature on the comparative politics of developing societies.
Salim Mansur
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A Journey from the Heart of Apartheid Darkness Towards a Just Society: Salient Features of the Budding Constitutionalism and Jurisprudence of South Africa [PDF]
On April 4, 2012, Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa delivered the Georgetown Law Center’s thirty-second annual Philip A.
Moseneke, Dikgang
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Taming governance with legality? Critical reflections upon global administrative law as small-c global constitutionalism [PDF]
The project of global administrative law has stood out from various efforts to tame global governance with the rule of law. By enhancing transparency and accountability, global administrative law is expected to improve the policy output of global ...
Kuo, Ming-Sung
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Marbury v. Madison Around the World [PDF]
To put the point somewhat strongly for emphasis, the U.S. system of judicial review is now something of an outlier among systems of constitutional review.
Tushnet, Mark V.
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Crowd-sourced legislation and politics: the legitimacy of constitutional deliberation in Romania [PDF]
Constitutional reform is a tedious process that requires long periods of time, a relatively broad consensus among political actors, and, often, popular approval.
Gherghina, Sergiu, Miscoiu, Sergiu
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Human Capabilities and Human Authorities: A Comment on Martha Nussbaum’s Women and Human Development [PDF]
What does it mean to be truly human? And, relatedly, what does it mean to be treated as truly human, and with dignity, by the state, or community, of which one is a part?
West, Robin
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In the second half of the 20th century, as a response to the increasing degradation of the environment, a process of constitutionalization of environmental protection began.
Goce Kocevski
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The Bernstein Memorial Lecture: The First Six Years [PDF]
CICLOPs, the Center for International & Comparative Law Occasional Papers, could not be launched with a better issue than one dedicated to Duke Law\u27s named lecture series in the field, the Annual Herbert L.
Bornick, Stephen +2 more
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How a Court Becomes Supreme: Defending the Constitution from Unconstitutional Amendments [PDF]
High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be ...
Albert, Richard
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