Results 51 to 60 of about 458 (184)

The origin and contested meaning of freedom in the human right to science

Global Constitutionalism
This article traces how the ‘freedom indispensable for scientific research’ was introduced into the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Katrin Kinzelbach
doaj   +1 more source

Decolonising global constitutionalism [PDF]

Global Constitutionalism, 2020
Havercroft, Jonathan, Eisler, Jacob, Wiener, Antje, Shaw, Jo, Napoleon, Val   +4 more
openaire   +2 more sources

Managed freedom in precarious times: Maintaining academic freedom in transitional Hong Kong

Global Constitutionalism
This article examines the status of academic freedom in Hong Kong in light of the increasing securitization of higher education since the implementation of the National Security Law (NSL) in 2020.
Hualing Fu
doaj   +1 more source

Neo-Elyian theory, therapeutic jurisprudence and the constitutional judgment

Global Constitutionalism
This paper seeks to understand modern comparative reflections on John Hart Ely’s work through Comparative Political Process Theory or Comparative Representation-Reinforcing Theory, and how such approaches can be augmented through the lens of therapeutic ...
Sarah Murray
doaj   +1 more source

Reading Ely in Tokyo

Global 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

Global Constitutionalism - A Critical View

SSRN Electronic Journal, 2016
Drawing on comparative law scholarship this paper discusses global constitutionalism from a critical point of view. Many contemporary authors seem to presume that the idea of constitutionalism must be universal. In agreement with this thinking the commitment to the rule of law, democracy and human rights has arguably become a defining global factor ...
openaire   +1 more source

Kinship Beyond Borders: Relational Sovereignty and the Limits of Liberal Statist Secession

Constellations, Volume 33, Issue 1, Page 83-90, March 2026.
Elliot Goodell Ugalde
wiley   +1 more source

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

Global 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

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

Global 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

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

Global 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