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New Majoritarian Constitutionalism [PDF]
Ever since Alexander Bickel coined the phrase “countermajoritarian difficulty,” commentators have frequently described the Supreme Court as either a “majoritarian” or “counter-majoritarian” institution.
Landau, Joseph
core +3 more sources
The independence of justice as proxy for the rule of law in the EU Case study – Romania
The concept of rule of law has been addressed as a formal or as a substantive notion. Although it does not enjoy a generally accepted academic definition and its practical transposition varies according to the implementing State, it is a founding value ...
Simina Elena Tananescu
doaj +1 more source
Hyper-regulation and disharmonization of regulations is a serious challenge in Indonesia. Ministry of Law and Human Right make a breakthrough stipulates regulation on Regulatory Dispute Resolution through Non-litigation.
Muhammad Reza Winata, Zaka Firma Aditya
doaj +1 more source
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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Synthesizing Archetypes of Social‐Ecological Systems: Identifying Common Building Blocks
ABSTRACT A growing number of studies apply the social‐ecological systems (SES) framework with its standardized set of variables to examine place‐based environmental governance. Yet, due to the wide diversity of social‐ecological systems, a general theory about how variables interact—and systems can be governed—lacks empirical support. Despite many case
Klaus Eisenack+7 more
wiley +1 more source
Local Evidence in Constitutional Interpretation [PDF]
The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look not to state law, but to local law.
Garrett, Brandon L.
core +4 more sources
Pravo na pristup informacijama koje posjeduju tijela javne vlasti uvedeno je u Ustav Republike Hrvatske, kao ustavno jamstvo, promjenama Ustava iz 2010. godine.
Dragan Elijaš+2 more
doaj +1 more source
How \u3ci\u3eNFIB v. Sebelius\u3c/i\u3e Affects the Constitutional Gestalt [PDF]
The thesis of this essay is that the most important legal effects of the Supreme Court\u27s decision in NFIB v. Sebelius are likely to be indirect. Sebelius marks a possible shift in what we can call the “constitutional gestalt” regarding the meaning and
Solum, Lawrence B.
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ABSTRACT Research highlights the long‐term collective effects of mass human rights violations (MHRVs) on survivors’ wellbeing. This multi‐method, multi‐context paper combines the social identity approach (SIA), transitional and social justice theories and human rights‐conceptualised wellbeing to propose a human rights understanding of trauma responses ...
Blerina Kёllezi+6 more
wiley +1 more source
Cumulative Constitutional Rights [PDF]
Cumulative constitutional rights are ubiquitous. Plaintiffs litigate multiple constitutional violations, or multiple harms, and judges use multiple constitutional provisions to inform interpretation.
Abrams, Kerry, Garrett, Brandon L.
core +1 more source