Results 221 to 230 of about 18,978 (262)
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2019
This chapter examines Otis’s speech in Paxton’s Case to understand why John Adams regarded it as the start of the American Revolution, and describes Otis’s speech as the inflection point when European state of nature theories began to turn into a revolutionary American discourse. In Otis’s system, the state of nature was a source of substantive rights (
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This chapter examines Otis’s speech in Paxton’s Case to understand why John Adams regarded it as the start of the American Revolution, and describes Otis’s speech as the inflection point when European state of nature theories began to turn into a revolutionary American discourse. In Otis’s system, the state of nature was a source of substantive rights (
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Constitutional Rights, Balancing, and Rationality *
Ratio Juris, 2003Abstract The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative ...
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The constitution and the right of self-defence
University of Toronto Law Journal, 2011This paper explores the implications of the idea of a constitution appropriate to a liberal-democratic state for the law of self-defence. The law governing self-defence, like other laws, must also a test of substantive legality appropriate to the constitution: it must be one that could not reasonably be rejected by a person who is a member of a civil ...
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Constitutional rights as moral judgments
SSRN Electronic Journal, 2019This essay offers a criticism of Robert Alexy’s argument about the ‘dual’ nature of law. It argues for the single nature of law as a moral judgment, on the basis of a morally constructivist argument along a way proposed by Kant in the Metaphysics of Morals.
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Australia: A Constitution without Rights and Rights outside the Constitution
Sravnitel'noe konstitucionnoe obozrenie, 2016openaire +1 more source