Results 311 to 320 of about 625,998 (357)
Some of the next articles are maybe not open access.
2000
Abstract This chapter turns to the nature and role of constitutionalism in periods of 1 political change. The central dilemma is how to reconcile the concept of constitutionalism with revolution: Revolutionary periods and their aftermath are times of political flux and, as such, present tensions with constitutionalism, which is ...
openaire +1 more source
Abstract This chapter turns to the nature and role of constitutionalism in periods of 1 political change. The central dilemma is how to reconcile the concept of constitutionalism with revolution: Revolutionary periods and their aftermath are times of political flux and, as such, present tensions with constitutionalism, which is ...
openaire +1 more source
2012
This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John
openaire +1 more source
This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John
openaire +1 more source
Access to Constitutional Justice
2020This chapter discusses the process by which judges are selected and recommends that judicial selection be placed in the hands of a judicial services commission on which would serve representatives of the legal profession, the bench and the public, and that the government would be restricted to choosing judges from candidates put forward by the ...
openaire +1 more source
Constitutional Justice in France
2020Abstract This chapter examines the concept of ‘constitutional justice’ (justice constitutionnelle) as it is understood within the French legal order. Afterward, the chapter examines the history of French constitutional justice from the Ancien Régime to the Fifth Republic.
openaire +1 more source
Social Justice In Constitutional Law
Journal of Russian Law, 2016Social justice is a social element of the universal human value of justice, associated with socialist teachings (not only Marxism). This word combination is increasingly becoming a principle of law and, in general, a principle of a democratic and socially-oriented society of our time. In Marxism-Leninism that notion had a class character.
openaire +1 more source
Reservations about Constitutive Justice
2015For reasons discussed in the last chapter, we should not be surprised that Aristotle did not address the issue of constitutive justice — any more, perhaps, than we should be surprised that he did not question the morality of slaver.1 But since, in the meantime, an expanded understanding of the various sorts of agency involved in the construction of ...
openaire +1 more source
Constitutional Pluralism and Transnational Justice
2018In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a result, two processes—(i) the evolution of constitutional pluralism at the national level; and (ii) the development of rights protection at the transnational ...
Alec Stone Sweet, Clare Ryan
openaire +1 more source
Constitutive Justice — A Paradox?
2015In this chapter, I consider a final objection to the project of developing criteria of constitutive justice, posed by the paradoxical character of the endeavor of, as I have called it, bringing justice to bear on its own foundations. Ultimately, it may be the case that the entire conception of constitutive justice founders because the problem it ...
openaire +1 more source
Justice, legitimacy, and constitutional rights
Critical Review of International Social and Political Philosophy, 2010There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are ...
openaire +1 more source
2018
This chapter address the following topics: 1. Terminological Premise. – 2. Models of Constitutional Review. – 2.1. The Genesis of Judicial Review: Dr Bonham’s Case. – 2.2. The US Model of Constitutional Review. – 2.3. The Austrian Model of Constitutional Review. – 3. Structure, Composition and Appointment of Constitutional or Supreme Courts. – 4.
openaire +1 more source
This chapter address the following topics: 1. Terminological Premise. – 2. Models of Constitutional Review. – 2.1. The Genesis of Judicial Review: Dr Bonham’s Case. – 2.2. The US Model of Constitutional Review. – 2.3. The Austrian Model of Constitutional Review. – 3. Structure, Composition and Appointment of Constitutional or Supreme Courts. – 4.
openaire +1 more source