Results 91 to 100 of about 2,675 (216)

Reading Ely in Tokyo

open access: yesGlobal Constitutionalism
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
doaj   +1 more source

Vetoes, deadlock and deliberative umpiring: Toward a proportionality doctrine for power-sharing constitutions

open access: yesGlobal Constitutionalism
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
doaj   +1 more source

Rethinking Human Rights and Global Constitutionalism

open access: yes, 2017
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
core   +1 more source

Taking democracy seriously: A theory and global typology of democratic forms of government

open access: yesGlobal Constitutionalism
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
doaj   +1 more source

Diversity and cosmopolitan democracy: Avoiding global democratic relativism [PDF]

open access: yes, 2015
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
core   +1 more source

Equality and its discontents: On the diversity of equality doctrines in comparative perspective

open access: yesGlobal Constitutionalism
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
doaj   +1 more source

The drunken dinner guest of democratic politics: Constitutional conventions and populism as a transgressive political style

open access: yesGlobal Constitutionalism
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
doaj   +1 more source

Constitutionalism in the Viewpoint of Akhond Khorasani,Leader of the Iranian Constitutional Revolution

open access: yes, 2011
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
core  

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