Search results for 'Constitutional law' (try it on Scholar)

1000+ found
Sort by:
  1. Regina Valutytė (2012). Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law. Jurisprudence 19 (3):1171-1186.score: 84.0
    The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  2. John William Burgess (1978). Selections From Political Science and Comparative Constitutional Law. Distributed by Dabor Social Science Publications.score: 75.0
     
    My bibliography  
     
    Export citation  
  3. Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..score: 66.0
     
    My bibliography  
     
    Export citation  
  4. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 60.0
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  5. Luc B. Tremblay (2003). General Legitimacy of Judicial Review and the Fundamental Basis of Constitutional Law. Oxford Journal of Legal Studies 23 (4):525-562.score: 60.0
    Four questions dominate normative contemporary constitutional theory: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? The main purpose of this text is to provide one general answer to the last question. The secondary purpose is to show how this answer may bear upon our understanding of the fundamental basis of constitutional law. (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  6. Alan Brudner (2008). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.score: 54.0
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  7. Vytautas Sinkevičius (2009). Gross Violation of the Law on Elections to the Seimas Constitutes the Grounds for Discontinuation of the Powers of the Member of the Seimas. Jurisprudence 115 (1):123-153.score: 54.0
    Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, the legislator is (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  8. Toma Birmontiene (2010). Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania. Jurisprudence 119 (1):7-27.score: 54.0
    The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  9. G. Pino (1999). The Place of Legal Positivism in Contemporary Constitutional States. Law and Philosophy 18 (5):513-536.score: 51.0
    The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of ``methodological'' or ``conceptual'' positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  10. Beau Breslin (2009). From Words to Worlds: Exploring Constitutional Functionality. Johns Hopkins University Press.score: 51.0
    In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  11. Egidijus Jarašiūnas (2009). The Problems of Correction of the Official Constitutional Doctrine. Jurisprudence 115 (1):39-70.score: 51.0
    The article deals with problems of the doctrine of reinterpretation of constitutional provisions, which are settled in the constitutional jurisprudence on correction of the official constitutional doctrine. This correction is typical or constitutional jurisprudence of most countries’. Under the Constitution, only the Constitutional Court enjoys the power to construe the Constitution officially. Official constitutional doctrine is to be developed in the acts of Constitutional Court gradually, disclosing new aspects of it, and supplementing it. (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  12. Milda Vainiutė (2009). Constitutional Status of the Parliament of the Swiss Confederation. Jurisprudence 115 (1):71-88.score: 51.0
    The Swiss Confederation is characterised by a long constitutional evolution that can be divided into several important periods: the Old Swiss Confederacy (13–14 C.), Helvetica (1798–1848), Mediation (1803–1814), Restoration (1815–1830), Regeneration (1830–1848) and development since 1874. It can be stated that Switzerland adopted a modern, democratic constitution early; this state is the oldest democratic republic in Europe. In 1874, many amendments to the effective Constitution were made and a lot of gaps in legal regulation came to light, which led (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  13. H. G. Callaway (2011). Review of Alison L. LaCroix Ideological Origins of American Federalism. [REVIEW] Law and Politics Book Review 21 (10):619-627.score: 48.0
    Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and range (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  14. Cesare Pinelli (2010). The Kelsen/Schmitt Controversy and the Evolving Relations Between Constitutional and International Law. Ratio Juris 23 (4):493-504.score: 48.0
    The article examines Hans Kelsen's and Carl Schmitt's lines of thought concerning the relationship between constitutional and international law, with the aim of ascertaining their respective ability to capture developments affecting that relationship, even those of a contradictory nature. It is significant that, while the rise of wars of humanitarian intervention in the post-Cold War era has evoked Schmitt's concept of the bellum iustum, the evolution in the direction of the “constitutionalisation of international law” has drawn attention to Kelsen's (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  15. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 48.0
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  16. Peter Suber, The Paradox of Self-Amendment in American Constitutional Law.score: 48.0
    Logical paradoxes in the strict sense produce statements like those of the Liar ("This very statement is false") that are false if true, and true if false. They resist rational solution or at least divide logicians for centuries of apparently irreconcilable wrangling. What happens when similar paradoxes arise in law?
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  17. John Alati (2013). Hanks Australian Constitutional Law: Materials and Commentary, [Book Review]. Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:38.score: 48.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  18. Daniel Frost (forthcoming). Getting Into Mischief: On What It Means to Appeal to the U.S. Constitution. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.score: 48.0
    In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by what (...)
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  19. Vytautas Mizaras (2012). Issues of Intellectual Property Law in the Jurisprudence of the Constitutional Court of the Republic of Lithuania. Jurisprudence 19 (3):1111-1130.score: 48.0
    This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  20. Anita L. Allen (1996). Constitutional Law and Privacy. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 48.0
     
    My bibliography  
     
    Export citation  
  21. Rainer Arnold (2009). 7. European Constitutional Law: Its Notion, Scope and Finalities. In Antonina Bakardjieva Engelbrekt (ed.), New Directions in Comparative Law. Edward Elgar. 99.score: 48.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  22. Philip Bobbitt (1996). Constitutional Law and Interpretation. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 48.0
     
    My bibliography  
     
    Export citation  
  23. Jos� de Sousa E. Brito (1996). The Ways of Public Reason Comparative Constitutional Law and Pragmatics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 9 (2):173-183.score: 48.0
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  24. Richard Dawson (2014). Justice as Attunement: Transforming Constitutions in Law, Literature, Economics, and the Rest of Life. Routledge.score: 48.0
     
    My bibliography  
     
    Export citation  
  25. Maarten Henket (1996). Hohfeld, Public Reason and Comparative Constitutional Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 9 (2):202-206.score: 48.0
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  26. Kristin O'Connell (1998). Constitutional Law: State Partial Birth Abortion Statutes May Be Constitutional. Journal of Law, Medicine and Ethics: A Journal of the American Society of Law, Medicine & Ethics 27 (4):384-385.score: 48.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  27. Otto Pfersmann (2009). 6. Ontological and Epistemological Complexity in Comparative Constitutional Law. In Antonina Bakardjieva Engelbrekt (ed.), New Directions in Comparative Law. Edward Elgar. 81.score: 48.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  28. Ilan Saban (2008). Citizenship and Its Erosion: Transfer of Populated Territory and Oath of Allegiance in the Prism of Israeli Constitutional Law. Law and Ethics of Human Rights 2 (1):3-32.score: 48.0
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  29. Maimon Schwarzschild (1996). Constitutional Law and Equality. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 48.0
  30. Yi-Chen Su (forthcoming). When Ethical Reform Became Law: The Constitutional Concerns Raised by Recent Legislation in Taiwan. Journal of Medical Ethics:2013-101599.score: 48.0
    In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. However, the law (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  31. Gerard V. Bradley (1998). Review Essay / Criminal Procedure as Constitutional Law. Criminal Justice Ethics 17 (1):58-66.score: 46.0
    Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  32. Matthew B. O'Brien (2012). Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family. British Journal of American Legal Studies 1 (2):411-466.score: 45.0
    John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  33. Alf Ross (1969). On Self-Reference and a Puzzle in Constitutional Law. Mind 78 (309):1-24.score: 45.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  34. Mark Tushnet (2000). Legal Conventionalism in the U.S. Constitutional Law of Privacy. Social Philosophy and Policy 17 (02):141-.score: 45.0
  35. Robert Goedecke (1967). What Are the Principles of American Constitutional Law? Ethics 78 (1):17-31.score: 45.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  36. Thomas Reed Powell (1918). The Logic and Rhetoric of Constitutional Law. Journal of Philosophy, Psychology and Scientific Methods 15 (24):645-658.score: 45.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  37. Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.score: 45.0
    Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  38. Bassam Tibi (2008). The Return of the Sacred to Politics as a Constitutional Law
    The Case of the Shari'atization of Politics in Islamic Civilization.
    Theoria 55 (115):91-119.
    score: 45.0
  39. Norbert Hoerster (1972). On Alf Ross's Alleged Puzzle in Constitutional Law. Mind 81 (323):422-426.score: 45.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  40. Frederick E. Dessauer (1946). The Constitutional Decision: A German Theory of Constitutional Law and Politics. Ethics 57 (1):14-37.score: 45.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  41. Brian E. Butler (2012). Law, Pragmatism and Constitutional Interpretation: From Information Exclusion to Information Production. Pragmatism Today 3 (1):39-57.score: 45.0
    Through an analysis of the US Supreme Court's case Heller this paper argues that legal process can be pragmatically reconceptualized so as to create information necessary to decide complex social issues. This is in contrast to other more standard conceptions of law as more emphasizing what information ought to be excluded.
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  42. George W. Goble (1943). Book Review:The Growth of American Constitutional Law. Benjamin F. Wright. [REVIEW] Ethics 53 (3):230-.score: 45.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  43. Barry Matsumoto (1991). The Tyranny of Principles in Constitutional Law, or If Constitutional Law Scholars Were Geographers, Why They Would Never Look for the Rocky Mountains. Social Epistemology 5 (1):30 – 37.score: 45.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  44. Heather Roberts & John Williams, Chapter 5 Constitutional Law.score: 45.0
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  45. Kenneth Einar Himma (2001). Great Cases in Constitutional Law. Teaching Philosophy 24 (4):401-404.score: 45.0
  46. Robert J. Araujo (2007). The Role of International Law in US Constitutional Law—A Question That Might Be Posed by John Courtney Murray. Journal of Catholic Social Thought 4 (1):35-58.score: 45.0
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  47. Heinz Duchhardt (1971). Johann Jakob Moser's Constitutional Law (1701–1785). Philosophy and History 4 (1):103-103.score: 45.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  48. Stefan Höfler (2013). Between Conciseness and Transparency: Presuppositions in Legislative Texts. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.score: 45.0
    Presupposition is the semantic-pragmatic phenomenon whereby a statement contains an implicit precondition that must be taken for granted (presupposed) for that statement to be felicitous. This article discusses the role of presupposition in legislative texts, using examples from Swiss constitutional and administrative law. It illustrates (a) how presuppositions are triggered in these texts and (b) what functions they come to serve, placing special emphasis on their constitutive power. It also demonstrates (c) how legislative drafters can distinguish between “good” presuppositions (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  49. I. Rawls On Constitutionalism (2003). Rawls on Constitutionalism and Constitutional Law 395. In Samuel Richard Freeman (ed.), The Cambridge Companion to Rawls. Cambridge University Press.score: 45.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  50. Paul Gewirtz (forthcoming). Constitutional Law and New Technology. Social Research.score: 45.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000