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John Hart Ely’s theory of judicial review was centrally concerned with the role of courts in preserving democracy in the constitutional context of the United States. At first blush, then, the comparative turn toward Ely might strike a jarring note.
Yvonne Tew
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This article addresses power-sharing constitutions that include powers of veto wielded by discrete ethnonational groups. Such constitutional arrangements – seen, for example, in Northern Ireland and Bosnia – have often prompted severe deadlock, a problem
Ron Levy, Ian O’Flynn
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Rethinking Human Rights and Global Constitutionalism
Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance?
Ekaterina Yahyaoui Krivenko +1 more
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Taking democracy seriously: A theory and global typology of democratic forms of government
Although the distinction between presidential, parliamentary and hybrid forms of government is fundamental to the study of democratic constitutions, it lacks a foundation in democratic theory. Empirical researchers do not define these forms in democratic
Steffen Ganghof
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Diversity and cosmopolitan democracy: Avoiding global democratic relativism [PDF]
Many recent arguments for trans-state and global democracy would offer broad leeway on constitutionalized right standards to states, and few formal mechanisms for individuals to challenge domestic rights rejections beyond the state.
LUIS CABRERA, Cabrera, Luis
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Equality and its discontents: On the diversity of equality doctrines in comparative perspective
The meaning of equality is highly contested. As a result, courts across different jurisdictions have developed distinct doctrinal approaches to operationalize the concept.
Niels Petersen
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Comparative legal literature increasingly stresses the fundamental importance of informal norms that underpin democratic and constitutional governance. A particular species of these informal norms is the constitutional convention.
Marleen Maria Kappé, Jerfi Uzman
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Leading the Charge on Digital Regulation: The More, the Better, or Policy Bubble? [PDF]
Codagnone C, Weigl L.
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Despite the constitutional revolution of Iran being one of the most important social movements in Iranian history and it was then that modern concepts entered the Iranian political social literature there has been few efforts made to understand and ...
Dr. Alireza Soroush
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