Results 151 to 160 of about 111,948 (326)

Clan Mothers and Founding Fathers: The Impact of the Iroquois Confederacy on American Constitutionalism [PDF]

open access: yes, 2020
The American Constitutional tradition was influenced by many different sources, such as Scripture, English Common Law, and the governmental structure of ancient Greece and Rome.
Sargent, Kayla
core   +1 more source

The Debate of Procedural versus Programmatic Secularism

open access: yesJournal of Islamic Thought and Civilization, 2018
Basic structure of Constitution of Pakistan has always been a source of debate among the academic, parliamentary and judicial circles. The arguments are divided in secular and religious notions. The same debate is going on parallel in United Kingdom and
Muhammad Danyal Khan
doaj  

A Jewish and (Declining) Democratic State? Constitutional Retrogression in Israel [PDF]

open access: yes, 2017
This Article describes and analyzes an increasing trend of contemporary democratic hybridization and constitutional retrogression in Israel. We seek to reconstruct the Israeli case as a state of affairs where a strong leadership, coupled with rising ...
Mordechay, Nadiv, Roznai, Yaniv
core   +1 more source

Constitutionalism and transcendental arguments

open access: yesNorthern Ireland Legal Quarterly, 2020
In his A Theory of Legal Argumentation, Robert Alexy lists four modes of justification for his rules of practical discourse. Of these, the only one that to him seems to have a true foundationalist capability is Apel’s transcendental-pragmatic mode of justification. But there is another strategy, which Alexy calls 'definitional', based on the concept of
openaire   +5 more sources

Jack Balkin’s Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System [PDF]

open access: yes, 2013
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system.
Siegel, Neil S.
core   +1 more source

Liberal Constitutionalism

open access: yesAustrian Journal of Humanities and Social Sciences, 2016
Constitutionalism is the modern philosophy of constitutive democracy and the reason for this conclusion has been analysed in this article taking in to account that it is the philosophy that protect the minority in the system of political constitutional democracy.
openaire   +2 more sources

The ideal of the certainty in law: the skin and the heart of law [PDF]

open access: yes, 2012
The doubt about certainty like an absolute value in law and as an ideal full in legal system (argument about impossibility) is a controversial fact in contemporary legal theory.
del Real Alcalá, J. Alberto
core  

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