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  1. La Constitución Del Estado Constitucional.Josep Aguiló Regla - 2004 - Temis.
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  2. Simple-Minded Originalism.Larry Alexander - 2011 - In Grant Huscroft & Bradley W. Miller (eds.), The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
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  3. Waluchows —Living Tree Constitutionalism. [REVIEW]Larry Alexander - 2010 - Law and Philosophy 29 (1):93 - 99.
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  4. Of Living Trees and Dead Hands: The Interpretation of Constitutions and Constitutional Rights.Larry Alexander - 2009 - Canadian Journal of Law and Jurisprudence 22 (2):227-236.
    The function of law and of constitutional law is to make determinate what we ought to do. And in constitutional law, that is true of both structural provisions and rights provisions. It is not the function of constitutions to establish our real moral rights. We possess those independently of the constitution, which cannot affect them. And all organs of government are bound morally if not legally by those rights. I have taken no position on the relative competence of legislatures and (...)
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  5. Constitutionalism: Philosophical Foundations.Larry Alexander (ed.) - 1998 - Cambridge University Press.
    This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...)
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  6. Constitutionalism.Larry A. Alexander - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell.
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  7. Constitutional Rights and Proportionality.Robert Alexy - 2014 - Revus 22:51-65.
    There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis is (...)
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  8. The Curious Concept of the 'Living Tree (or Non-Locked-in) Constitution.James Allan - 2011 - In Grant Huscroft & Bradley W. Miller (eds.), The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
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  9. Constitutional Rights and the Rule of Law.T. R. S. Allan - 2012 - In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  10. Constitutional Justice a Liberal Theory of the Rule of Law.T. R. S. Allan - 2001
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  11. Constitutional Law and Privacy.Anita L. Allen - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
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  12. Constitutional Fidelity and Extra-Legal Discretion: Justifying Executive Prerogative and Disobedient Disclosure.Michael Allen - 2016 - Law and Philosophy 35 (6):595-614.
    In this article, I defend the justifiability of both concealed uses of executive prerogative as consistent with the end of self-preservation for which government is constituted by the people and its disobedient disclosure as consistent with the rational interest of the citizens of the constitutional state in non-subordination. Indeed, I argue both prerogative and disclosure are justifiable, despite the latter clearly operating at cross-purposes with the former. I also contend that disobedient disclosure aligns more closely with the justificatory conditions of (...)
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  13. American Constitutionalism.Sharon Anderson-Gold - 2004 - Social Philosophy Today 20:201-205.
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  14. Framed. America's 51 Constitutions and the Crisis of Governance. By Sanford Levinson. Oxford: Oxford University Press, 2012. [REVIEW]Andrew Arato - 2013 - Constellations 20 (3):503-507.
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  15. Impeachment or Revision of the Constitution?Andrew Arato - 1999 - Constellations 6 (2):145-156.
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  16. Permissions, Principles and Rights. A Paper on Statements Expressing Constitutional Liberties.Manuel Atienza & Juan Ruiz Manero - 1996 - Ratio Juris 9 (3):236-247.
  17. Natural Law and the United States Constitution.Robert S. Barker - 2012 - Review of Metaphysics 66 (1):105-130.
    The United States Constitution was written for the purpose of establishing an effective but limited national government, a government that would be capable of dealing with national and international problems, but that would not be able to violate the traditional liberties of the people. Thus, the Constitution was, and is essentially a practical-juridical document. One should not expect to find there pronouncements about the nature of man, society, law, or the state, such as are often found in many other national (...)
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  18. Dance of the Seven Constitutional Veils: Constitutional Design as Political Choice and Craft. [REVIEW]Elizabeth Beaumont - 2010 - Political Theory 38 (2):282 - 290.
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  19. Constitutionalism and Democracy.Richard Bellamy (ed.) - 2006 - Ashgate.
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  20. Constitutional Limits and the Public Sphere: A Critical Study of Bentham's Contitutionalism.Oren Ben-Dor - 2000 - Hart.
    The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do ...
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  21. Constitutional Interpretation: Non-Originalism.Mitchell N. Berman - 2011 - Philosophy Compass 6 (6):408-420.
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  22. Reflective Equilibrium and Constitutional Method.Mitchell N. Berman - 2011 - In Grant Huscroft & Bradley W. Miller (eds.), The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
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  23. Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania.Toma Birmontiene - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):7-27.
    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 was recognized by (...)
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  24. New Developments in the Jurisprudence of the Constitutional Court of the Republic of Lithuania.Toma Birmontiene - 2004 - Jurisprudencija: Mokslo darbu žurnalas 50 (42):5-16.
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  25. Constitutions, Originalism, and Meaning.Brian H. Bix - 2011 - In Grant Huscroft & Bradley W. Miller (eds.), The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
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  26. Constitutional Law and Interpretation.Philip Bobbitt - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
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  27. Balancing, the Global and the Local: Judicial Balancing as a Problematic Topic in Comparative (Constitutional) Law.Jacco Bomhoff - unknown
    Courts in Europe, North-America and elsewhere frequently use the language of 'balancing' when dealing with fundamental rights cases. In addition, judges and scholars increasingly often rely on the image of balancing, or 'weighing', to draw (self-)portraits of legal cultures and to frame contrasts and similarities between legal orders. This article argues that this form of discourse occupies a particularly problematic position as a topic of comparative constitutional law, and this for two primary reasons. First, while balancing references, as legal arguments, (...)
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  28. Costituzionalismo E Teoria Del Diritto: Sistemi Normativi Contemporanei E Modelli Della Razionalità Giuridica.G. Bongiovanni - 2005 - Laterza.
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  29. Review Essay / Criminal Procedure as Constitutional Law.Gerard V. Bradley - 1998 - Criminal Justice Ethics 17 (1):58-66.
    Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.
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  30. Against Originalism: Getting Over the U. S. Constitution.Austin W. Bramwell - 2004 - Critical Review 16 (4):431-453.
    Abstract In Restoring the Lost Constitution, Randy Barnett defends the idea that judges should interpret the U.S. Constitution according to its original public meaning, for in his view the Constitution, rightly understood, satisfies the appropriate normative criterion for determining when a constitution is legitimate and should be followed. As it turns out, however, even if the Constitution did mean what Barnett says it does, it would not meet his criterion of legitimacy, and therefore should not be followed. Moreover, Barnett is (...)
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  31. From Words to Worlds: Exploring Constitutional Functionality.Beau Breslin - 2009 - Johns Hopkins University Press.
    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 constitution (...)
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  32. The Pragmatic Genesis of Constitutional Meaning.Denis J. Brion - 1997 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 10 (2):159-190.
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  33. A Reply To Critics Of Constitutional Goods.Alan Brudner - 2009 - Canadian Journal of Law and Jurisprudence 22 (2):237-266.
    In this article, the author replies to critiques of his book, Constitutional Goods by Professors Trevor Allan, Clare Chambers, John Charvet, Philip Cook, Thomas Poole, and Lorenzo Zucca. These critiques were originally presented at a symposium held in May, 2008 at the London School of Economics and Political Science and were later published together in Vol. XXII Canadian Journal of Law and Jurisprudence.
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  34. Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW]Alan Brudner - 2009 - Criminal Law and Philosophy 3 (2):147-166.
    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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  35. Constitutional Goods.Alan Brudner - 2004 - Oxford University Press.
    This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic (...)
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  36. Selections From Political Science and Comparative Constitutional Law.John William Burgess - 1978 - Dabor Social Science Publications.
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  37. Rorty, the First Amendment and Antirealism: Is Reliance Upon Truth Viewpoint-Based Speech Regulation?Brian E. Butler - 2004 - Journal of Moral Philosophy 1 (1):69-88.
    In this article I investigate the implications of antirealism, as characterized by Richard Rorty, for First Amendment jurisprudence under the United States Constitution. It is hoped that the implications, while played out in the context of a specific tradition, will have more universal application. In Section 1, Rorty’s ‘pragmatic antirealism’ is briefly outlined. In Section 2, some effects of the elimination of the concept of truth for First Amendment jurisprudence are investigated. Section 3 argues for the conclusion that given the (...)
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  38. Constitutive Constitutional Reform.Carlos Alarcón Cabrera - 1996 - Ratio Juris 9 (1):85-93.
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  39. Witherspoon, Edwards and 'Christian Magnanimity'.H. G. Callaway - 2011 - In K. P. Minkema, A. Neele & K. van Andel (eds.), Jonathan Edwards and Scotland. Dunedin Academic Press. pp. 117-128.
    This paper focuses on John Witherspoon (1723-1794) and the religious background of the American conception of religious liberty and church-state separation, as found in the First Amendment. Witherspoon was strongly influenced by debates and conflicts concerning liberty of conscience and the independence of the congregations in his native Scotland; and he brought to his work, as President of the (Presbyterian) College of New Jersey, a moderate Calvinism challenging the conception of “true virtue” found in Jonathan Edwards. Witherspoon was teacher to (...)
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  40. Decentralization in Romania: A Constant Failed Reform Under Scrutiny From the Constitutional Limits Perspective.Radu Carp & Andra Karla Sienerth - 2015 - Jurisprudencija: Mokslo darbu žurnalas 21 (4):1208.
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  41. Considérations Critiques Sur la Constitution Et les Droits Dans la Culture Juridique Italienne Contemporaine.Agostino Carrino - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (4):805-822.
    In the following paper is put in question the present-day dominant Italian ideology of the so called ‘new constitutionalism’, which considers human rights as an open-texture catalogue of claims which only the Constitutional Courts are entitled to interpret and implement. This ideology is considered as a tool for overcoming the traditional liberal rule of law in favor a of more and more developed rule of the courts.
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  42. Whittington, Keith E. Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.Gerard Casey - 2000 - Review of Metaphysics 54 (1):179-180.
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  43. Whose Reason or Reasons Speak Through the Constitution? Introduction to the Problematics.Karolina M. Cern, Piotr W. Juchacz & Bartosz Wojciechowski - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):455-463.
    In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems’ nature are taken into account.
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  44. Inclusivity and the Constitution of the Family.Clare Chambers - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):135-152.
    This paper starts by discussing Alan Brudner's overall project: the project of inclusivity. It argues that the idea of inclusivity is problematic both conceptually and normatively, for three reasons. First, it is not clear that Brudner's aim to provide a unified theory of the liberal constitution is either possible or desirable. Second, Brudner assumes but does not adequately demonstrate the need for public justification of the liberal constitution. Third, Brudner does not sufficiently explain who should have a veto over his (...)
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  45. Constitutional Law Haiku.Jim Chen, Daniel A. Farber & Gil Grantmore - manuscript
    These con law haiku Tell law with style and rhythm. Download and enjoy.
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  46. Principles of Government: A Treatise on Free Institutions, Including the Constitution of the United States.Nathaniel Chipman - 1833 - Union, N.J.Lawbook Exchange.
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  47. Constitutional Theory and The Quebec Secession Reference.Sujit Choudhry & Robert Howse - 2000 - Canadian Journal of Law and Jurisprudence 13 (2):143-169.
    The judgment of the Supreme Court of Canada in the Quebec Secession Reference has produced a torrent of public commentary. Given the fundamental issues about the relationship between law and politics raised by the judgment, what is remarkable is that that commentary has remained almost entirely in a pragmatic perspective, which asks how positive politics entered into the motivations and justifications of the Court, and looks at the results in terms of their political consequences, without deep or sustained reflection on (...)
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  48. The Quest for a Constitutional Perspective.Emilios Christodoulidis - 2013 - Jurisprudence 4 (2):322-335.
    The Quest for a Constitutional Perspective: A review of Poul F Kjaer, Gunther Teubner and Alberto Febbrajo (eds), The Financial Crisis in Constitutional Perspective: The Dark Side of Functional Differentiation.
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  49. Arendt's Constitutional Question.Emilios Christodoulidis & Andrew Schaap - 2012 - In Marco Goldoni & Christopher McCorkindale (eds.), Hannah Arendt and the Law. Hart Pub.2.
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  50. The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So.Michael Coenen - unknown
    In this article, I discuss the signatures on the U.S. Constitution. I begin with a historical account of the Constitution's signing, noting in particular that unlike its ancestors, the Constitution was signed well before it began to assume legal status. I then explore the ways in which the Constitution's signatures served as useful advertisements for the document during ratification. Finally, I demonstrate that the Constitution's signatures (and the clause introducing them) gave rise to considerable interpretive ambiguity during both the Constitutional (...)
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