Results 101 to 110 of about 111,948 (326)
The Confines of Modern Constitutionalism [PDF]
, 2004 [Excerpt] Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political ...
Butleritchie, David T.
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coordination through judicial dialogue [PDF]
, 2019 International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or “judicial dialogue”) among the regional human rights courts and the Human Rights Committee has an additional ...
Sandholtz, Wayne
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Data‐Driven Accommodations: Testing Religious Exemptions in Markets With Discrimination
Journal of Empirical Legal Studies, EarlyView.ABSTRACT When conflicts between religious wedding vendors and same‐sex couples arise, courts and legislatures face a dilemma. Existing empirical work such as audit studies and field experiments shows that religious exemptions may lead to higher refusal rates for same‐sex couples seeking wedding services.
Brady Earley
wiley +1 more source
The Original Theory of Constitutionalism [PDF]
, 2014 The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful
Grewal, David Singh, Purdy, Jedediah
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Populist constitutionalism and constituent power
German Law Journal, 2019 Constituent power is a helpful component of constitutional theory because it provides a conceptual and potentially normative explanation of how a new constitution can be made without any existing legal authority to do so.
O. Doyle
semanticscholar +1 more source
The Place of History in British Criminology: 20th‐Century Developments
Sociology Lens, Volume 38, Issue 1, Page 16-30, March 2025.ABSTRACT While the relevance of historical research and analysis for the development of a critical criminology in the United States in the 1970s has recently received some attention by historical criminologists, the place of history in British criminology—and British critical criminology in particular—remains a largely unexplored area of academic ...
Roberto Catello
wiley +1 more source
, 2004 Lawrence v. Texas creates a crisis for inclusive constitutionalism. Too often, advocates of inclusion and tolerance wish to include only those ideas and groups with which they agree.
Seidman, Louis Michael
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Multiculturalism, Majority Rights and the Established Culture
Nations and Nationalism, EarlyView.ABSTRACT Recent critiques of multiculturalism contend that it is the ethnic or cultural majority in Western democracies that is now most vulnerable to cultural and identity dissolution, thus entitling it to majority rights on much the same grounds that multiculturalists defend minority rights. These critiques follow and perpetuate the binary opposition
Geoffrey Brahm Levey
wiley +1 more source