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  1. added 2019-02-04
    Reformas al Estado Social en América Latina: un análisis desde el desarrollo en el nuevo constitucionalismo latinoamericano.Juan Daniel Giraldo Hincapié, Daniel Fernando Ramírez Martínez & Brigit Joaly Zapata Muñoz - 2017 - Revista Justicia y Derecho 5:68-102.
    Abstract: The New Latin-American Constitutionalism (NCL) is a new theory represented by the last-two decades constitutions of Colombia, Venezuela, Ecuador, and Bolivia. These constitutional texts share special characteristics in their originality and their comprehension of the features of their societies, which have originated new mechanism and institutions in constitutional theory, in order to advance the development of their nations. This paper analyzes the aspects of democracy, economic regulation, and peace building, as fundamental elements of NCL, in order to prove the (...)
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  2. added 2018-11-03
    What We Talk About When We Talk About Dignity in Policing.Luke William Hunt - 2018 - Virginia Criminal Justice Bulletin 3 (2).
    This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights.
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  3. added 2018-11-02
    Legal Archetypes and Metadata Collection.Alan Rubel - 2017 - Wisconsin International Law Review 34 (4):823-853.
    In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...)
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  4. added 2018-02-16
    Proceduralism and the Epistemic Dilemma of Supreme Courts.Federica Liveriero & Daniele Santoro - 2017 - Social Epistemology 31 (3):310-323.
    Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in virtue (...)
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  5. added 2017-09-05
    In Defence of Two-Step Balancing and Proportionality in Rights Adjudication.Charles-Maxime Panaccio - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):109-128.
    Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of rights (...)
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  6. added 2016-12-08
    Shall We Amend the Fifth Amendment? [REVIEW]D. O. D. - 1960 - Review of Metaphysics 13 (4):703-703.
    This is a sober, balanced, well-written re-examination of the problems posed by the rules governing the 'privilege against self-incrimination.' The special merit of the study is its careful distinction of cases. The author shows that the meaning and justification for the privilege vary when claimed by a suspect, an accused, or a witness. Further distinctions are required when the privilege is invoked in preliminary investigations of a congressional committee seeking background data for new legislation. The existing rules and practices are (...)
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  7. added 2016-07-15
    Rules, Rights, Options, and Time.Larry Alexander - 2000 - Legal Theory 6 (4):391-404.
  8. added 2016-04-17
    Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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  9. added 2014-07-17
    African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe.Thaddeus Metz - 2014 - African Human Rights Law Journal 14 (2):306-21.
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...)
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  10. added 2014-04-13
    Politics and Ethics of the Indian Constitution.Rajeev Bhargava (ed.) - 2009 - Oxford University Press India.
    This volume examines various aspects of the Indian Constitution from the perspective of political theory. The essays view the Constitution as a political or ethical document, thereby reflecting configurations of power and interests or articulating a moral vision.
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  11. added 2014-04-13
    Constitutional Rights, Balancing, and Rationality.Robert Alexy - 2003 - Ratio Juris 16 (2):131-140.
  12. added 2014-04-13
    Basic Social Rights, Constitutional Justice, and Democracy.Rodolfo Arango - 2003 - Ratio Juris 16 (2):141-154.