Results 81 to 90 of about 1,474,683 (396)

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

open access: yesLaw: 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

Dialing It Back: Why Courts Should Rethink Students’ Privacy and Speech Rights as Cell Phone Communications Erode the ‘Schoolhouse Gate’ [PDF]

open access: yes, 2018
The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches.
McGuire, Nicholas J.
core   +1 more source

How a Court Becomes Supreme: Defending the Constitution from Unconstitutional Amendments [PDF]

open access: yes, 2017
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
core   +1 more source

The Multilevel Implications of a Sinn Féin Government in Ireland

open access: yesThe Political Quarterly, Volume 96, Issue 1, Page 173-179, January/March 2025.
Abstract The electoral growth of Sinn Féin on both sides of the Irish border has generated much political and academic attention in recent years. The party could form part of the government in Dublin for the first time at the next Irish general election, though that outcome is far from certain.
Conor J. Kelly
wiley   +1 more source

Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations

open access: yesPotchefstroom Electronic Law Journal, 2019
The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper.
Francois Venter
doaj   +1 more source

Centralised by Design: Anglocentric Constitutionalism, Accountability and the Failure of English Devolution

open access: yesThe Political Quarterly, Volume 96, Issue 1, Page 189-198, January/March 2025.
Abstract The Labour manifesto in this year's election implied a radical restructuring of the UK state, the way in which England is governed and in relations across the United Kingdom. The aim of making English devolution the ‘default option’ is set against fifty years of unsuccessful and partial devolution initiatives which have failed to reverse the ...
John Denham, Janice Morphet
wiley   +1 more source

Against Textualism [PDF]

open access: yes, 2009
Modern textualists have assumed that careful attention to constitutional text is the key to the recovery of the Constitution\u27s original public meaning.
Treanor, William Michael
core   +1 more source

The Politics of Changes in Housing Supply and Tenure: Illustrations from Australia and the Netherlands

open access: yesThe Political Quarterly, EarlyView.
Abstract Almost regardless of the welfare system and market context, the changing housing landscapes in Western countries show a number of similar trends. Households are confronted with decreasing access to homeownership and social renting, and increased reliance on private renting in combination with growing housing shortages and housing affordability
Marietta Haffner, Kath Hulse
wiley   +1 more source

New Majoritarian Constitutionalism [PDF]

open access: yes, 2018
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

Examining the Evidentiary Basis of Congress's Commerce Clause Power to Address Individuals' Health Insurance Status [PDF]

open access: yes, 2012
Outlines the issues involved in whether the 2010 Affordable Care Act's individual mandate is constitutional under the commerce clause, presents research literature on the effect of uninsurance on the broader economy, and reviews the lower courts ...
Holly Mead   +4 more
core   +1 more source

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