Results 11 to 20 of about 87,641 (223)
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
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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
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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
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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
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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.
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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
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Problems of formation and development of societal constitutionalism in the Republic of Kazakhstan
This article explores the challenges and complexities surrounding the formation and development of societal constitutionalism in the Republic of Kazakhstan, a nation with a rich historical tapestry and a diverse society.
K.A. Aiteke +2 more
doaj +1 more source
This paper debates abusive constitutionalism and constitutionalism abused as ways to introduce a fundamental change of political system. Abusive constitutionalism consists in a change of a democratic regime in a less democratic one with the help of ...
Grażyna Skąpska
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The article explores the essence of constitutional identity, its connection with national identity, and the peculiarities of their implementation under the conditions of Ukraine’s permanent statehood threats.
V. Kovalchuk
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The Historicity of Constitutionalism and Its Normative Principles from the Perspective of Charles Howard McIlwain, with a Focus on the Constitutionalism: Ancient and Modern [PDF]
Constitutionalism is a complex subject due to its inherent ambiguity and multiple interpretations, and the crises associated with it in the 1930s highlighted the need for a more precise understanding.
Seyyed Mojtaba Vaezi +1 more
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