Results 101 to 110 of about 148,837 (212)

Possibilities of Constitutional Adjudication in Social Rights Matters [PDF]

Journal 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 Voting Rights Act\u27s Fight to Stay Rational: Shelby County v. Holder [PDF]

, 2013
This commentary previews an upcoming Supreme Court case, Shelby County v. Holder, in which the Court may decide whether Congress\u27s 2006 reauthorization of Section 5 and Section 4(b) of the Voting Rights Act was ...
Paul, Sudeep
core   +1 more source

Kurt Lash\u27s Majoritarian Difficulty: A Response to a Textual-Historical Theory of the Ninth Amendment [PDF]

, 2008
Kurt Lash believes that, in addition to individual natural rights, the Ninth Amendment protects collective or majoritarian rights as well. In this essay the author explains why Lash’s majoritarian vision is contrary to the antimajoritarianism of the man ...
Barnett, Randy E
core   +1 more source

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

Journal 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  

The Boundaries of a Lawyer’s Freedom of Expression [PDF]

Journal of Constitutional Law
In a democratic society, the restriction of a lawyer’s freedom of expression may be justified only in exceptional cases, accompanied by adequate procedural safeguards and subject to a number of necessary preconditions.
Jamlat Gvidiani
doaj  

Neutralizing Grutter [PDF]

, 2005
Part I of this article argues that the Supreme Court lacks the institutional competence to formulate racial policy for the nation, and highlights the tension that exists between the Court\u27s abstract preference for race neutrality and the concrete ...
Spann, Girardeau A
core   +2 more sources

Analysis of Judgments of the European Court of Human Rights Concerning Violations of Article 4 of the European Convention on Human Rights [PDF]

Journal of Constitutional Law
Trafficking in Human Beings, as a modern form of slavery and a major global challenge, remains one of the most lucrative criminal activities worldwide, surpassed only by arms and drug trafficking. The criminalization of human trafficking through national
Marina Meskhi
doaj  

Regulatory Legislation and Practice on Life-threatening Industrial Activities in Georgia and their Compliance with European Human Rights Standards [PDF]

Journal of Constitutional Law
The positive obligation to protect the right to life, as enshrined in Article 2 of the European Convention on Human Rights (ECHR/the Convention), extends to industrial activities that pose a danger to human life.
Konstantin Korkelia
doaj  

Muscle Memory and the Local Concentration of Capital Punishment [PDF]

, 2016
The modern death penalty is not just concentrating in a handful of practicing states; it is disappearing in all but a few capitally active localities.
Kovarsky, Lee B
core   +2 more sources

Correlation between the principles of publicity of Constitutional Court decisions and personal data protection (case study of Georgian Constitutional Court)

, 2019
Mariam Jikia, Sophio Demetrashvili
openalex   +2 more sources