Results 21 to 30 of about 556 (120)

The Doctrine of State Necessity

The Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Against the Right to Abortion in Brazil

IusGénero América Latina
This article discusses some neoconservative practical-discursive attacks on the powers of the Brazilian State, targeting sexual and reproductive rights.
Tânia Mara Almeida, Ela Wiecko Volkmer de Castilho , Clara Frota Wardi   +2 more
doaj   +1 more source

Money and federal autocracy: 1913 and the quiet inversion of the American constitutional order

Economic Affairs, EarlyView.
Abstract The American Revolution affirmed that sovereignty inheres by nature in each Citizen, and collectively in the People. The Constitution completed a structure in which authority flowed from Citizens to their several State republics, and from the States to a Union holding only delegated powers. 1913 inverted that order.
James Turk
wiley   +1 more source

Moral hazard induced unraveling: Theory and evidence from the Affordable Care Act

Journal of Risk and Insurance, EarlyView.
Abstract We identify and quantify a new form of welfare loss in insurance markets. We first show theoretically that moral hazard from subsidies for cost‐sharing combined with community rating mimics adverse selection and can unravel insurance markets.
Cameron M. Ellis, Meghan I. Esson, Eli Liebman   +2 more
wiley   +1 more source

Facts And Action Of Protection: Preliminary presentation of an empirical study of the formulation and effects of tutela in the Colombian context, between the years 1992- 2011

Civilizar, 2014
This text corresponds to the partial results of the research “Facts and Protection Action”; it develops an interest in the realization of constitutional norms through the filing and enforcement of the tutela actions in the Colombian context, between 1992
Édgar Hernán Fuentes Contreras, Beatriz Eugenia Suárez López, Adriana Rincón Villegas   +2 more
doaj  

The Unconstitutional State of Affairs in the Constitutional Jurisprudence of Colombia and Brazil: Challenges to The Enforcement of Fundamental Rights for the Realization of Citizenship

Revista de Gestão Social e Ambiental
Objectives: to examine the theory of the Unconstitutional State of Affairs (ECI), formulated by the Constitutional Court of Colombia and subsequently incorporated by the Brazilian Federal Supreme Court (STF), from a historical, conceptual, and applied perspective.   Theoretical Framework: the research is grounded in the theory of the Unconstitutional
João Martins Bertaso, Tamiris A. Gervasoni   +1 more
openaire   +1 more source

Capabilities, Human Nature, and Liberalism

Metaphilosophy, EarlyView.
Abstract This paper reconstructs and addresses three major critiques of Martha Nussbaum's capabilities approach (CA): (1) the claim that an exclusive focus on capabilities (rather than functioning) is ineffective in protecting people's well‐being; (2) the critique of paternalism; and (3) the objection according to which the CA relies on a vague notion ...
Giulio Sacco
wiley   +1 more source

Words After the Storm: Elite Rhetoric and the Limits of De‐Escalation in Postreferendum Catalonia

Nations and Nationalism, EarlyView.
ABSTRACT When does a secessionist crisis end? What drives political elites to shift from hostility to moderation? This article examines the prospects of rhetorical de‐escalation in the aftermath of a secessionist dispute through the paradigmatic case of Catalonia.
Daniel Cetrà, Diego Muro, Mariola Tàrrega, Harrison Parpillon   +3 more
wiley   +1 more source

From Gastfreundschaft to Überfremdung: National Identity and the Origins of Right‐Wing Migration Politics in West Germany, 1973–1983

Nations and Nationalism, EarlyView.
ABSTRACT This article contributes a historical perspective to scholarship on migration and right‐wing politics in Germany. By examining legal texts, party programmes and parliamentary debates, it traces how West German national identity discourses shaped immigration and foreigner policies between the guest worker recruitment stop in 1973 and the ...
Simon Ahrens
wiley   +1 more source

Pre‐Dobbs Perspectives on Abortion Restrictions From Survivors of Intimate Partner Violence in Pennsylvania

Perspectives on Sexual and Reproductive Health, EarlyView.
ABSTRACT Introduction From 2017 to 2029, we performed a study exploring reproductive health needs, concerns, and experiences of woman‐identifying intimate partner violence (IPV) survivors that included soliciting their opinions on various abortion restriction policies relevant in Pennsylvania prior to the Dobbs v.
Carly O'Connor‐Terry, Swetha Jasti, Isabel Carulli, Danielle Burton, Tejasvi Gowda, Adrianne Laing, Beatrice A. Chen, Judy C. Chang   +7 more
wiley   +1 more source