Results 41 to 50 of about 40,263 (230)
International Quarterly for Asian Studies, 2020 Like “philosophy”, constitutional law is a disguised form of area studies that should more adequately be called “Western” or “Euroamerican” constitutional law.
Eugénie Mérieau
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Grounds in Equality Law: Before and After For Women Scotland
The Modern Law Review, EarlyView.Grounds are the fulcrum of equality law. Thus, discrimination is discrimination when it is based on or because of certain kinds of personal characteristics or grounds such as race or sex. But there is no definition of grounds in general or a definition of grounds such as race or sex in particular in equality law. This article shows that in defining the
Shreya Atrey
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Reading the story of law and embeddedness through a community lens: A Polanyi-meets-Cotterrell economic sociology of law? [PDF]
, 2011 In this article I propose that the role of law in Karl Polanyi’s concept of the “always embedded economy”1 can be enriched by the application of the “lens of community”2developed by Roger Cotterrell.3I begin with Polanyi’s suggestion that ...
Perry-Kessaris, Amanda
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Strategic litigation as a challenge for deliberative democracy
American Journal of Political Science, EarlyView.Abstract Strategic litigation is a growing public concern, but remains understudied in democratic theory. In strategic litigation, collectives go to court with a political agenda that goes beyond their specific case. How should we assess the legitimacy of strategic litigation? Building on Lafont's model of deliberative democracy and Klein's distinction
Svenja Ahlhaus
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Transforming the legislative: a pending task of Brazilian and Colombian constitutionalism
Revista de Investigações Constitucionais, 2018 The Constitutions of 1988 in Brazil and 1991 in Colombia have instantiated a complex process of transformative constitutionalism associated with the protection of rights, and the inclusion of minority groups.
Santiago García-Jaramillo +1 more
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What is (de)politicization and what is wrong with it?
American Journal of Political Science, EarlyView.Abstract This article attempts to clarify the meaning of (de)politicization. Politicization sometimes refers to the inappropriate intrusion of partisan loyalties in nonpolitical social domains (affective politicization). Politicization can also constitute an ideal of civic agency and energy (contestatory politicization).
Dimitrios Halikias
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, 2006 Reviewing Deborah Z. Cass, The Constitutionalization of the World Trade Organization: Legitimacy, Democracy, and Community in the International Trading System (Oxford University Press ...
Pauwelyn, Joost H. B.
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Revisiting the EU's Democratic Deficit: Archival Insights From Maximalist Federalists
JCMS: Journal of Common Market Studies, EarlyView.Abstract This article explores the history of democratic problematisation of European integration, rather than taking part in the normative debate on the European Union's democratic legitimacy deficit that emerged in the 1990s. We focus on the narratives of non‐institutional actors who have considered that European integration should be a democratic ...
Jessy Bailly
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Transformation of constitutionalism in Russia: historical and legal analysis
Russian Studies in Law and PoliticsBackground. Constitutionalism is the foundation of Russian statehood and the legal system. An analysis of its formation and development is necessary for understanding the evolution of Russian political and legal thought and the mechanisms for ...
Oleg I. Groshkov
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Études Caribéennes, 2019 The cardinal objective of this paper is to bring to the surface the complex and as yet little explored political and legal relationship between the United States and its overseas territories in the light of a comparative exercise between the American ...
Rafael Cox Alomar
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