Results 91 to 100 of about 143,438 (208)

State of Emergency: A Shortcut to Authoritarianism [PDF]

open access: yesJournal of Constitutional Law, 2020
From the beginning of 21st century, legal ramifications of declaring a state of emergency have attracted a lot of attention due to the fact that many states have resorted to this measure in order to combat, first, terrorism threat, and most recently – a ...
Ana Jabauri
doaj  

Judicial Incoherence, Capital Punishment, and the Legalization of Torture [PDF]

open access: yes, 2019
This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay
Duindam, Guus
core  

The Bounds of “Margin of Appreciation” of the State in Restraining Freedom of Expression during the Pandemic [PDF]

open access: yesJournal of Constitutional Law, 2020
2020 will certainly become a part of history of the mankind not just due as a healthcare crisis related to COVID-19 (novel Coronavirus), but also as vivid example of a more “coordinated action” of the “civilised nations”, the situation, the management ...
Vazha Datuashvili
doaj  

The Common Courts – Effective Remedy for Human Rights Protection [PDF]

open access: yesJournal of Constitutional Law, 2019
Application of an unconstitutional law in the process of adjudication entails a risk of human rights violation, therefore, court should ensure prevention of such risk.
Irakli Ksovreli
doaj  

Possibilities of Constitutional Adjudication in Social Rights Matters [PDF]

open access: yesJournal of Constitutional Law, 2019
Irrespective of the advantages or negative consequences of social rights, and unrelated to the textual recognition of such rights in a given constitution public opinion and a great number of scholars and politicians take such rights for granted.
András Sajó
doaj  

The Death Penalty and the Society We Want [PDF]

open access: yes, 2008
[Excerpt] “At the local level, we can tell a lot about a community by how it treats a homeless person suffering from schizophrenia who is begging on the street.
Bright, Stephen B.
core   +2 more sources

The ISCIP Analyst, Volume XVI, Issue 6 [PDF]

open access: yes, 2009
This repository item contains a single issue of The ISCIP Analyst, an analytical review journal published from 1996 to 2010 by the Boston University Institute for the Study of Conflict, Ideology, and ...
Adami, Fabian   +7 more
core  

Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism [PDF]

open access: yesJournal of Constitutional Law
With the rise in migratory movements, two key issues have become increasingly relevant: on the one hand, the protection of migrants’ rights and the regulation of migration processes by states; and on the other hand, questions concerning state sovereignty,
Anna Phirtskhalashvili
doaj  

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