Results 71 to 80 of about 447,638 (192)

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

Jurnal 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

Nations 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, Diego Muro, Mariola Tàrrega, Harrison Parpillon   +3 more
wiley   +1 more source

Cultural and Economic Grievances and the Political Salience of Secessionism

Nations 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

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

, 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

Public 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

Politics and Justice: Aristotle, Rawls, and the Case for Realism in Political Theory

Philosophy &Public Affairs, EarlyView.
ABSTRACT Aristotle's analysis of stasis in Book V of the Politics offers a striking example of “distinctively political thought,” as advocated by Bernard Williams's political realism, and in contrast to the moralist approach exemplified by John Rawls. Aristotle identifies disputes over justice, driven by partial and conflicting conceptions of equality,
Paul Sagar
wiley   +1 more source

Constitutional Adjudication and Public Opinion －In Search of Restructuring Korean Constitutional Adjudication through Deliberation and Dialogue－

, 2022
헌법재판소는 전통적으로 사법권으로 이해되었고, 따라서 사법의 독립 원리에 따라서 정치권력과는 분명히 거리를 두어야 하는 것으로 간주되었으며, 나아가 비정부영역에 속하는 여론과 사법권은 더욱 거리가 멀다고 간주되었다. 그러나 오늘날 정치의 사법화가 심화되고 있는 점은 우리나라를 포함해서 전 세계적으로 공통된 현상이 되었고, 더불어 비정부영역의 여론이 사법, 특히 헌법재판에 대해 미치는 영향력이 커지고 있다는 점도 엄연한 현실이 되고 있다.
윤성현
core   +1 more source

Constitutional Principles in Bosnia and Herzegovina: Legal Theory and Judicial Deciding

Law: Journal of the University of Latvia, 2018
The basic thesis of this essay is that constitutional principles and legal rules can have a meaning in judicial decision, when legal order imparts significance to judicial practice. Research and analysis of implementation of constitutional principles in
Davor Trlin
doaj   +1 more source

Law as Weak Integrity: Deflating Dworkinianism

Ratio Juris, EarlyView.
Abstract In this paper, I want to sketch out a conception of law that combines elements of Dworkinianism, positivism, and realism. I will argue that while Dworkin gets some fundamental things right, he should have stayed closer to the positivists and realists.
Christian Hiebaum
wiley   +1 more source