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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
On Constitutional Rights to Protection
Legisprudence:International Journal for the Study of Legislation, 2009Robert Alexy
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A Non-positivistic Concept of Constitutional Rights
International Journal for the Semiotics of Law, 2019Robert Alexy, Alexy Robert
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Post-socialist “illiberal democracies”: do de jure constitutional rights matter?
Constitutional Political Economy, 2020Katarzyna Metelska-Szaniawska +2 more
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