Results 61 to 70 of about 4,094 (242)

Some thoughts on socio-economic rights [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2003
colloquium presentation - no abstract ...
GE Devenish
doaj  

Local Elites in Chile's Pisco Valley: Dispossession, Legal Mobilisation and Intertwined Citizenship

open access: yesJournal of Agrarian Change, EarlyView.
ABSTRACT In countries in the Global South, citizenship is often closely tied to access to water and land ownership. In Latin America, the literature has primarily explored social mobilisation and identity reconfiguration in response to development‐driven processes of land and water dispossession affecting peasants, rural and Indigenous communities ...
Chloé Nicolas‐Artero
wiley   +1 more source

Kelsen vs Schmitt on Guardians of the Constitution Debates and the Impact on the Indonesian Legal System

open access: yesJurnal Konstitusi
This article examines the constitutional debate between Hans Kelsen and Carl Schmitt during the Weimar Republic concerning the proper institution to serve as the guardian of the Constitution, as well as its relevance to Indonesia.
Tanto Lailam
doaj   +1 more source

Words After the Storm: Elite Rhetoric and the Limits of De‐Escalation in Postreferendum Catalonia

open access: yesNations and Nationalism, EarlyView.
ABSTRACT When does a secessionist crisis end? What drives political elites to shift from hostility to moderation? This article examines the prospects of rhetorical de‐escalation in the aftermath of a secessionist dispute through the paradigmatic case of Catalonia.
Daniel Cetrà   +3 more
wiley   +1 more source

The value of dissent in constitutional adjudication : a context-specific analysis

open access: yes, 2014
This paper addresses the long-standing international debate over whether the publication of dissenting opinions should be permitted in constitutional courts of last resort.
Vitale, David
core  

Cultural and Economic Grievances and the Political Salience of Secessionism

open access: yesNations and Nationalism, EarlyView.
ABSTRACT Why does secessionism become politically salient at some times but recede at others? Existing work highlights how cultural and economic grievances can shape secessionism, but it explains less well when these claims elevate the salience of secessionism and why similar grievances matter in some contexts but not others.
Kevin Gatter
wiley   +1 more source

Beard and Holmes on Constitutional Adjudication

open access: yes, 2015
What is the connection, if any, between the external perspective of the historian or political scientist and the internal perspective of lawyers and judges?
Vermeule, Cornelius
core  

The High Court of Malawi as a constitutional court: constitutional adjudication the Malawian way

open access: yes, 2021
Constitutional adjudication in Malawi only became commonplace after the adoption of a new Constitution in 1994. Like many Anglophone countries, Malawi follows the decentralised model of constitutional adjudication.
Nkhata, Mzwiza Jo
core  

AI in Public Decision‐Making: A Philosophical and Practical Framework for Assessing and Weighing Harm and Benefit

open access: yesPublic Administration, EarlyView.
ABSTRACT Artificial intelligence (AI) is increasingly used in public decision‐making; yet existing governance tools often lack clear definitions of harm and benefit, practical methods for weighing competing values, and guidance for resolving value conflicts.
Karl de Fine Licht, Anna Folland
wiley   +1 more source

The Dynamics of Constitutional Adjudication

open access: yes, 1996
Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter ...
Schlink, Bernhard
core  

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