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

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  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: 216.0
    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 (...)
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  2. John William Burgess (1978). Selections From Political Science and Comparative Constitutional Law. Distributed by Dabor Social Science Publications.score: 196.0
     
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  3. Stephan Kirste (ed.) (2012). Interdisciplinary Research in Jurisprudence and Constitutionalism. Druck Nomos, Franz Steiner Verlag ;.score: 180.0
     
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  4. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.score: 176.0
     
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  5. 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: 176.0
     
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  6. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 170.0
    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 (...)
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  7. 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: 168.0
    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. (...)
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  8. Aileen Kavanagh & John Oberdiek (eds.) (2009). Arguing About Law. Routledge.score: 165.0
    Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...)
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  9. Alan Brudner (2008). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.score: 158.0
    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 (...)
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  10. Christopher Mccrudden (2000). Common Law of Human Rights?: Transnational Judicial Conversations on Constitutional Rights. Oxford Journal of Legal Studies 20 (4):499-532.score: 156.0
    It is now commonplace in many jurisdictions for judges to refer to the decisions of the courts of foreign jurisdictions when interpreting domestic human rights guarantees. But there has also been a persistent undercurrent of scepticism about this trend, and the emergence of a growing debate about its appropriateness. This issue is of particular relevance in jurisdictions that have relatively recently incorporated human rights provisions that are significantly judicially enforced. In the UK, a reconsideration of the use of comparative judicial (...)
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  11. Vadim Verenich (forthcoming). The Splendors and Miseries of Constitutional Reasoning in Times of Global Crisis: A Critical Look From the Realist Perspectives of Semiotics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-25.score: 153.0
    The European Stability Mechanism (ESM) is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much (...)
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  12. Doris Liebwald (2013). Law's Capacity for Vagueness. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.score: 153.0
    This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing (...)
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  13. Rūta Petkuvienė (2013). Justice and Equity Within Civil Process. Jurisprudence 20 (3):1061-1080.score: 153.0
    The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in the (...)
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  14. Andrew J. I. Jones & Marek Sergot (1992). Deontic Logic in the Representation of Law: Towards a Methodology. [REVIEW] Artificial Intelligence and Law 1 (1):45-64.score: 150.0
    There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology for its use (...)
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  15. Andrew Halpin (1997). Rights and Law: Analysis and Theory. Distributed in North America by Northwestern University Press.score: 150.0
    Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...)
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  16. J. M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 146.0
    This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition (or mystical perceptions), and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. (...)
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  17. Peter Suber, The Paradox of Self-Amendment in American Constitutional Law.score: 146.0
    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?
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  18. 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: 146.0
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  19. 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: 146.0
     
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  20. 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: 146.0
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  21. Philip Bobbitt (1996). Constitutional Law and Interpretation. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 146.0
     
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  22. 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: 146.0
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  23. 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: 146.0
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  24. 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 and Ethics 27 (4):384-385.score: 146.0
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  25. 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: 146.0
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  26. 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: 146.0
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  27. Maimon Schwarzschild (1996). Constitutional Law and Equality. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 146.0
  28. G. Pino (1999). The Place of Legal Positivism in Contemporary Constitutional States. Law and Philosophy 18 (5):513-536.score: 145.7
    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 (...)
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  29. Cesare Pinelli (2010). The Kelsen/Schmitt Controversy and the Evolving Relations Between Constitutional and International Law. Ratio Juris 23 (4):493-504.score: 144.0
    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 (...)
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  30. 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: 144.0
    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 (...)
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  31. 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: 144.0
    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 (...)
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  32. Gerard V. Bradley (1998). Review Essay / Criminal Procedure as Constitutional Law. Criminal Justice Ethics 17 (1):58-66.score: 142.0
    Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.
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  33. Mark Tushnet (2000). Legal Conventionalism in the U.S. Constitutional Law of Privacy. Social Philosophy and Policy 17 (02):141-.score: 140.0
  34. Alf Ross (1969). On Self-Reference and a Puzzle in Constitutional Law. Mind 78 (309):1-24.score: 140.0
  35. Thomas Reed Powell (1918). The Logic and Rhetoric of Constitutional Law. Journal of Philosophy, Psychology and Scientific Methods 15 (24):645-658.score: 140.0
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  36. Robert Goedecke (1967). What Are the Principles of American Constitutional Law? Ethics 78 (1):17-31.score: 140.0
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  37. 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: 140.0
  38. Norbert Hoerster (1972). On Alf Ross's Alleged Puzzle in Constitutional Law. Mind 81 (323):422-426.score: 140.0
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  39. Frederick E. Dessauer (1946). The Constitutional Decision: A German Theory of Constitutional Law and Politics. Ethics 57 (1):14-37.score: 140.0
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  40. George W. Goble (1943). Book Review:The Growth of American Constitutional Law. Benjamin F. Wright. [REVIEW] Ethics 53 (3):230-.score: 140.0
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  41. 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: 140.0
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  42. Heather Roberts & John Williams, Chapter 5 Constitutional Law.score: 140.0
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  43. Kenneth Einar Himma (2001). Great Cases in Constitutional Law. Teaching Philosophy 24 (4):401-404.score: 140.0
  44. 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: 140.0
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  45. Heinz Duchhardt (1971). Johann Jakob Moser's Constitutional Law (1701–1785). Philosophy and History 4 (1):103-103.score: 140.0
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  46. 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: 140.0
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  47. James M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 140.0
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  48. Paul Gewirtz (forthcoming). Constitutional Law and New Technology. Social Research.score: 140.0
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  49. Christopher B. Gray (1983). Readings in the Philosophy of Constitutional Law Richard N. Bronaugh, C. Barry Hoffmaster, Stephen B. Sharzer, Editors Dubuque, IA: Kendall/Hunt Publishing, 1983. Pp. Viii, 272. [REVIEW] Dialogue 22 (04):699-703.score: 140.0
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  50. Peter Haeberle (2006). 11 A Constitutional Law for Future Generations–the 'Other'form of the Social Contract: The Generation Contract. In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar. 215.score: 140.0
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