Results 101 to 110 of about 2,675 (216)

Politically responsive review: Beyond the democracy–minority rights dichotomy in the European convention

Global Constitutionalism
This article challenges the widespread framing of minority rights and democracy as opposing principles within the European Convention on Human Rights (ECHR) and the jurisprudence of the European Court of Human Rights (ECtHR).
Michaela Hailbronner
doaj   +1 more source

Fragmentation and constitutionalisation of international law: a teleological inquiry

, 2012
This thesis was submitted for the degree of Doctor of Philosophy and was awarded by Brunel UniversityThis dissertation examines the idea of constitutionalisation of international law in light of concerns of fragmentation.
Deplano, Rossana
core  

Comparative political process theory II

Global Constitutionalism
This article aims to continue the recent neo-Elyean turn in comparative constitutional scholarship by further exploring the role of the courts in supporting and protecting democracy. In so doing, it refines and develops my previous work on the topic, and
Stephen Gardbaum
doaj   +1 more source

Re-imagining the nation-state: An impetus from the pandemic. [PDF]

Front Sociol, 2023
Posocco L, Watson I.
europepmc   +1 more source

Representation Reinforcement in the European Court of Human Rights

Global Constitutionalism
The European Court of Human Rights has long been cast as a defender of democracy in Europe. Yet, this idea has not always been at the core of the Court’s perception in the literature or indeed aligned with its jurisprudence which are often viewed in more
Michaela Hailbronner, Lisa Kujus
doaj   +1 more source

The hydra and the sword: Constitutional amendments, political process, and the BBI case in Kenya

Global Constitutionalism
This study examines the landmark rulings in the “BBI Case”, adjudicated successively by the High Court, Court of Appeal, and Supreme Court of Kenya, from the perspective of comparative political process theory [“CPPT”].
Gautam Bhatia
doaj   +1 more source

Roman Law and Global Constitutionalism

, 2019
The parallel between contemporary issues and Roman history often fascinates and illuminates. In this Article, I argue how Roman law can serve today as an inspiration toward global constitutionalism given it was one of the several sources of inspiration ...
Domingo, Rafael
core  

Embedding constitutional rights

Global Constitutionalism
This article details the concept of constitutional embedding and demonstrates its utility in four country-rights cases. Constitutional embedding refers to the process by which some understanding of constitutional rights comes to take root in everyday ...
Whitney K. Taylor
doaj   +1 more source

The Day After a Broken Democratic Polity

Global Constitutionalism
Lon Fuller’s fictional Purple Shirt regime, Victor Orbán’s illiberal democracy in today’s Hungary and the Kaczynski brothers’ recently ended unconstitutional republic of Poland are three examples of a ‘broken democratic polity’ in which many aspects of ...
M. Victoria Kristan
doaj   +1 more source

Ecosystem Services as a Promising Paradigm to Protect Environmental Rights of Indigenous Peoples in Latin America: the Constitutional Court Landmark Decision to Protect Arroyo Bruno in Colombia. [PDF]

Environ Manage, 2022
Gómez-Betancur L, Vilardy Q SP, Torres R D.   +2 more
europepmc   +1 more source