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  1. Three Brief Comments on Rigid Constitutions and the Republican Tradition.Roberto Gargarella - 2014 - Ratio Juris 27 (4):516-520.
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  • Political Constitutionalism and the Question of Constitution‐Making.Marco Goldoni - 2014 - Ratio Juris 27 (3):387-408.
    The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...)
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  • Practical‐Political Jurisprudence and the Dual Nature of Law.Sarah Nason - 2013 - Ratio Juris 26 (3):430-455.
    Law contains many dualities, though most, if not all, of these dualities resolve into one complex puzzle: To what extent is law a matter of pure social facts, or moral value untethered to social facts? I argue that each concept of law reconciles this duality in a different way on the basis of certain beneficial consequences that might result. Instead of pitting concepts against one another universally, we should accept that the balance between law's social fact and moral value dimensions (...)
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  • Participatory Democracy and Criminal Justice.Albert W. Dzur - 2012 - Criminal Law and Philosophy 6 (2):115-129.
    This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.
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  • Procedural Justice and the Law.Denise Meyerson & Catriona Mackenzie - 2018 - Philosophy Compass 13 (12):e12548.
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  • Iñigo González-Ricoy and Axel Gosseries : Institutions for Future Generations.Vuko Andrić - forthcoming - Erkenntnis:1-6.
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  • On the Value of Constitutions and Judicial Review.Laura Valentini - 2017 - Criminal Law and Philosophy 11 (4):817-832.
    In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...)
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  • National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape.Maartje de Visser - 2014 - Human Rights Review 15 (1):39-51.
    This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that (...)
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  • Fundamental Rights: An Unsettling EU Competence.Elise Muir - 2014 - Human Rights Review 15 (1):25-37.
    For many years, fundamental rights were primarily protected in the European Union legal order in a negative way; EU institutions and Member States should not infringe fundamental rights when acting within the scope of EU law. However, since the Treaties of Amsterdam and Lisbon, the EU has gained greater competences to develop fundamental rights standards, and new mechanisms for the protection of these standards have emerged. Although these new instruments enhance the mandate of the EU regarding fundamental rights protection, they (...)
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  • Is Constitutional Rigidity the Problem? Democratic Legitimacy and the Last Word.José Luis Martí - 2014 - Ratio Juris 27 (4):550-558.
  • Evaluating ‘Bioethical Approaches’ to Human Rights.Alasdair Cochrane - 2012 - Ethical Theory and Moral Practice 15 (3):309-322.
  • Resource Allocation Towards Socioeconomic Rights: Lessons From Domestic Courts.Waruguru Kaguongo - 2012 - Human Rights Review 13 (1):85-105.
    The question of resource allocation is particularly pertinent to the realisation of socioeconomic rights. Perceptions of the place of resource allocation impact the adjudication of these rights. This article departs from the premise that with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural rights allowing individual communications and the establishment of the African Court on Human and Peoples’ Rights, there will be an increase in resource allocation questions for adjudication. The article interrogates the (...)
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  • “Constitution ”: Legitimacy and Legality in the Thought of John Rawls.Frank I. Michelman - 2018 - Ratio Juris 31 (4):379-395.
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  • Evaluating 'Bioethical Approaches' to Human Rights.Alasdair Cochrane - 2012 - Ethical Theory and Moral Practice 15 (3):309 - 322.
    In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights (...)
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  • Authority, Nationality, and Minorities.Alex Schwartz - 2015 - Ratio Juris 28 (3):354-371.
    Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political (...)
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