Results 51 to 60 of about 42,368 (232)

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

Federalism in Post‐Assad Syria: Toward Durable Peace in a Pluralist Society

open access: yesMiddle East Policy, EarlyView.
Abstract Syria's civil war has left behind a fractured state. While the new president, Ahmed al‐Sharaa, seeks to unify the country and restore centralized governance, this appears unworkable. Instead, this article contends, asymmetrical federalism offers a pathway toward stability.
Dilan Okcuoglu
wiley   +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

Subnational Environmental Constitutionalism and Reform in New York State [PDF]

open access: yes, 2017
The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in
May, James R.
core   +1 more source

Transnational Private Regulatory Governance: Ambiguities of Public Authority and Private Power [PDF]

open access: yes, 2012
The continuing proliferation of transnational private regulatory governance challenges conceptions of legal authority, legitimacy and public regulation of economic activity.
Zumbansen, Peer
core   +6 more sources

How Can Law Be Robust in the Face of Heightened Societal Turbulence?

open access: yesRegulation &Governance, EarlyView.
ABSTRACT Taking its cue from the growing frequency of disruptive crises, new research argues that crisis‐induced turbulence calls for robust governance based on adaptation and innovation. While law plays a key role in the effort of governments to govern robustly, the robustness of law has received scant regard.
Eva Sørensen   +2 more
wiley   +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

Illiberal regimes in the perspective of comparative constitutionalism [PDF]

open access: yes, 2017
Illiberal regimes are generally de ned as regimes in which neither democracy nor fundamental rights are granted, and in which rule of law is substantially disregarded. Instead of attempting a taxonomy, the article gives an account of their origins and of
Pinelli, Cesare
core  

Insider/Outsider/Transsiders of Transnational Migration Alevi Families, Belongings and Being in Motion and Transformation From Diasporic Grandchildren's Perspective

open access: yesStudies in Ethnicity and Nationalism, EarlyView.
ABSTRACT Migration is individually and collectively a challenging but also a transformative praxis and process. In my proposal, I present these in the context of transnational migration of two multigenerational families whose pioneers originally migrated from Turkey to Germany.
Halil Can
wiley   +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

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