From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice [PDF]
This scholarly exposition endeavors to furnish a succinct panorama of the prominent theoretical frameworks that have wielded substantial influence upon the intricate tapestry of legal systems pervading global jurisprudence.
Rosa Baiona
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“Originalism†of Interpretation in the United States Constitution
Originalism is a viewpoint that is one of the methods and theories of constitutional interpretation. It remains controversial in its application, particularly in the decisions of the United States Supreme Court.
I Dewa Gede Palguna +1 more
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The Challenges of Originalism as a Theory of Constitutional Interpretation Today
This paper analyzes originalism, which is considered to be the opposing constitutional theory to “living” constitutionalism, and presents and evaluates the main arguments of originalism and its approach on how the constitution should be interpreted ...
Miranda Borusevičiūtė
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Common Good Constitutionalism vs. America’s Enlightenment Civil Religion [PDF]
In his 2022 volume Common Good Constitutionalism, and in a series of essays and other works prior to the book’s release, Harvard Law School professor Adrian Vermeule advances a new vision for the American republic.
Jason Morgan
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The Status of Soft Law in Interpreting the Lithuanian Constitution
In this paper, I examine the status of soft law in the official interpretation of the Lithuanian Constitution. The “living constitution” doctrine dominates the Lithuanian constitutional scholarship.
Donatas Murauskas
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Introduction to the Special Issue of “Studia Gilsoniana” on Revolution and the Enlightenment [PDF]
Paul de Lacvivier This paper aims to highlight how the trial of Louis XVI expresses a complete inversion of the legal principles of Old Christian France, where the authority of the absolute King submits to superior customary and divine laws, against the
Paul de Lacvivier, Jason Morgan
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The philosophy of law in the transparency of the parliament by complying with the study of the legal plan "Transparency of the ballots of the representatives" provisions [PDF]
The aim of the current research is to explain the desirable nature of parliament's transparency and its theoretical challenges in contemporary Iranian constitutional law based on the philosophical findings of modern law in relation to constitutional ...
Seyed Ehsan Rafiei Alavi
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Robert Bork and the issue of judicial dictatorship [PDF]
The people in this region, thanks to the ICTY Tribunal and the functioning of the judiciary in the protectorates (Bosnia and Herzegovina, Kosovo), already have the idea of the so-called 'political justice' or the abuse of the judiciary for political ...
Đurković Miša
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Approaches of Interpretation of Constitutional Law in Iran and the United States [PDF]
Although the interpretation of constitutional law is not an exception to general interpretation of law , it is of high significance and prominence due to its enjoying the same value as the constitution and its interrelation with socio-political problems.
hamid reza nikogoftar safa
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The author set himself a goal of finding common elements of American concepts for the interpretation of the constitution and Polish descriptive-normative theories of legal interpretation of universal nature.
Paweł Boike
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