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Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures [PDF]
Peters, Anne
exaly +3 more sources
Provincialising Early Feminism: A View from the Middle East
Abstract ‘Provincializing Europe’, derived from Dipesh Chakrabarty's work of that name, argued that an imagined ‘Europe’ was a founding myth for modernity. While not mentioning feminism, this analysis is a valuable starting point for tracing the path of the term ‘féminism’ from France to Britain to the Ottoman Empire and from the USA to the Arab world –
Ruth Roded
wiley +1 more source
Constitutionalizing in the Anthropocene
The Anthropocene thesis, in its rejection of both the modernist separation between ‘humans’ and ‘nonhumans’ as well as in its treatment of ‘humans’ as a singular global geophysical force, presents fundamental challenges to constitutional theory and practice.
Fleurke, Floor+5 more
openaire +3 more sources
Arab constitutionalism and the formalism of authoritarian constitutionalism [PDF]
This chapter challenges different manifestations of a ‘formalist’ approach to constitutional theory. The formalist approach deploys several labels and distinctions (constitutions without constitutionalism, authoritarian, ideological, instrumentalist and temporary) that question the constitutional legitimacy of non-North American and non-Western ...
Nimer Sultany, Nimer Sultany
openaire +2 more sources
New Majoritarian Constitutionalism [PDF]
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 +4 more sources
Two internal critiques of political constitutionalism [PDF]
The antagonism between legal and political constitutionalism has almost monopolized the discussion on constitutional theory during the last years.
Goldoni, M.
core +1 more source
The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy [PDF]
This article’s investigation into the “agency for legitimacy” proceeds in five steps: Part I introduces the concept of “administrative constitutionalism,” which encompasses the debate over what should be the role and nature of public administration to ...
Fisher, Elizabeth+2 more
core +1 more source
Presidential Popular Constitutionalism [PDF]
This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S.
Davidsson, Simon+2 more
core +3 more sources
International constitutionalism and the state : a rejoinder to Vlad Perju. [PDF]
The transplantation of a legal governance form from one order to another is always fraught with difficulty. Perju’s Reply asks critical questions regarding the characterization of future global governance and most particularly the use of ...
O'Donoghue, Aoife
core +1 more source
After the crisis and beyond the new constitutionalism? The case of the free movement of capital [PDF]
This article examines the ‘new constitutionalism’ of the free movement of capital at the International Monetary Fund (IMF) after the global economic crisis.
Dierckx, Sacha
core +1 more source