Results for 'Constitutional law'

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  1. Incompletely Theorized Agreements in Constitutional Law.Cass R. Sunstein - 2007 - Social Research: An International Quarterly 74 (1):1-24.
    How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under (...)
     
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  2.  48
    Constitutional Law and Religion.Perry Dane - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
    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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  3.  1
    Constitutional Law: U.S. Supreme Court Clarifies Procedural Requirements for Workers’ Compensation Benefits Claim.Kathleen A. Collins - 1999 - Journal of Law, Medicine and Ethics 27 (2):198-200.
    The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988, that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, and (...)
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  4. Constitutional Law: Idaho High Court Holds Like Providers to Equal Protection Standard.Gilbert Swift - 1999 - Journal of Law, Medicine and Ethics 27 (2):198-198.
    The Supreme Court of Idaho held, in Idaho Association of Chiropractic Physicians, Inc. v. Alcorn, No. 23787,1999 WL 134677, at *1, that insurance regulations of health care services must apply equally to all providers. The Idaho legislature enacted the Small Employer Health Insurance Availability Act, Idaho Code § 41-4701, and the Individual Health Insurance Availability Act, id. § 41-5201, which is to be implemented by the Idaho Small Employer and Individual Health Reinsurance Program. The goal of the legislation is to (...)
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  5.  4
    Constitutional Law and the Limits of Rawlsian Liberty.Gillian Sinnott - 2020 - Legal Theory 26 (2):124-155.
    ABSTRACTThis paper examines the scope of John Rawls's theory of liberty. It first develops an account of how this theory, which Rawls presents in largely abstract terms, applies in specific cases. It then argues that this account reveals that the scope of Rawls's theory of liberty is surprisingly narrow and that it does not include such seemingly obvious liberal rights as the freedom to engage in the sexual behavior of one's choice or to have access to pornography.
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  6.  6
    The Constitutional Law of Ghana . By F. A. R. Bennion. London: Butterworths, 1962. Pp. XXXVI, 527. 70 Sh. [REVIEW]H. J. Spiro - 1964 - American Journal of Jurisprudence 9 (1):138-143.
  7.  10
    The Constitutional Law of the College of Cardinals: Hostiensis to Joannes Andreae.John A. Watt - 1971 - Mediaeval Studies 33 (1):127-157.
  8. In Incognito: The Principle of Double Effect in American Constitutional Law.Edward C. Lyons - 2005 - Florida Law Review 57 (3):469-563.
    Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...)
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    11 A Constitutional Law for Future Generations–the 'Other'form of the Social Contract: The Generation Contract.Peter Haeberle - 2006 - In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar. pp. 215.
  10.  11
    Constitutional Law: State Partial Birth Abortion Statutes May Be Constitutional.Kristin O'Connell - 1998 - Journal of Law, Medicine and Ethics 27 (4):384-385.
  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 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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  13. Constitutional Law and Equality.Maimon Schwarzschild - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
  14.  1
    Constitutional Law and Politics.Vernon Bogdanor - 1987 - Oxford Journal of Legal Studies 7 (3):454-464.
  15.  11
    Constitutional Law and New Technology.Paul Gewirtz - 1997 - Social Research 64.
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  16.  66
    The Concept of Human Dignity in German and Kenyan Constitutional Law.R. Ebert & Rmj Oduor - 2012 - Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):43-73.
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of (...)
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  17. Philosophical Foundations of Constitutional Law.David Dyzenhaus & Malcolm Thorburn (eds.) - 2016 - Oxford University Press UK.
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it (...)
     
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  18. Democratic Crisis and Global Constitutional Law.Christopher Thornhill - 2021 - Cambridge University Press.
    Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the national (...)
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  19.  12
    Proportionality & Comparative Constitutional Law Versus Studies.Rosalind Dixon - 2018 - The Law and Ethics of Human Rights 12 (2):203-224.
    The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.
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  20. On Self-Reference and a Puzzle in Constitutional Law.Alf Ross - 1969 - Mind 78 (309):1-24.
  21. Incompletely Theorized Agreements in Constitutional Law.Cass Sunstein - 2007 - Social Research 74:1-24.
    How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under (...)
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  22.  11
    Social Darwinism and Constitutional Law with Special Reference to Lochner V. New York.Joseph Frazier Wall - 1976 - Annals of Science 33 (5):465-476.
    American historians have generally accepted Richard Hofstadter's thesis that the scientism of Social Darwinism, or more appropriately, Spencerianism, dominated American thought in the late nineteenth and early twentieth century, and nowhere more enthusiastically or more purposively than within the conservative business community, which used Herbert Spencer's scientism to justify corporate business practices and to rewrite American Constitutional law to protect property interests against governmental regulations. Following Sharlin's general exposition of Herbert Spencer's scientism, this paper examines in detail the validity (...)
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  23. Colonies, Commerce, and Constitutional Law: The Collected Works of Jeremy Bentham.Jeremy Bentham - 1995 - Oxford University Press UK.
    Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the (...)
     
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  24.  24
    Catholicism and Constitutional Law: More Than Privacy In the Penumbras.Bill Piatt - 2010 - Journal of Catholic Social Thought 7 (2):337-352.
  25. The Anatomy of a Constitutional Law Case.Alan F. Westin - 1990 - Columbia University Press.
     
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  26.  2
    The Growth of American Constitutional Law. By George W. Goble.Benjamin F. Wright - 1942 - Ethics 53 (3):230-231.
  27.  12
    Power and Principle in Constitutional Law.Pavlos Eleftheriadis - 2016 - Netherlands Journal of Legal Philosophy 45 (2):37-56.
    Legal and sociological theories of sovereignty disagree about the role of legal and social matters in grounding state power. This paper defends a constructivist view, according to which the constitution is a judgment of practical reason. The paper argues that a constitution sets out a comprehensive institutional architecture of social life in terms of principles and official roles that are necessary for any legitimate scheme of social cooperation to exist. It follows that legal and sociological theories of sovereignty capture only (...)
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  28.  8
    7. European Constitutional Law: Its Notion, Scope and Finalities.Rainer Arnold - 2009 - In Antonina Bakardjieva Engelbrekt (ed.), New Directions in Comparative Law. Edward Elgar. pp. 99.
  29.  18
    Hanks Australian Constitutional Law: Materials and Commentary, [Book Review].John Alati - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:38.
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  30.  13
    Rawls on Constitutionalism and Constitutional Law 395.I. Rawls On Constitutionalism - 2003 - In Samuel Richard Freeman (ed.), The Cambridge Companion to Rawls. Cambridge University Press.
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  31.  14
    Johann Jakob Moser’s Constitutional Law.Heinz Duchhardt - 1971 - Philosophy and History 4 (1):103-103.
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  32.  47
    Organizing the Impossible: Constitutional Law in Icaria.Theodore Georgopoulos - 2014 - Utopian Studies 25 (2):321.
    The creation of what were called “Icarian communities” in the United States during the second half of the nineteenth century is probably one of the most fascinating and dramatic attempts in modern social history to realize a Utopian dream and to succeed in radical social reform. Classified among the examples of Utopian communism, the Icarian case is particularly interesting for both its fundamental ideas and its attempt to realize the Utopian claim. The Icarians—that is, the followers of the Icarian Utopia—rejected (...)
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  33.  48
    Great Cases in Constitutional Law.Kenneth Einar Himma - 2001 - Teaching Philosophy 24 (4):401-404.
  34. Great Cases in Constitutional Law, Edited by Philip L. Quinn and Kevin Meeker.K. E. Himma - 2001 - Teaching Philosophy 24 (4):400-403.
     
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  35.  48
    The Growth of American Constitutional Law.Walter B. Kennedy - 1943 - Thought: Fordham University Quarterly 18 (1):178-180.
  36. The Making of Constitutional Law.Jacob W. Landynski - forthcoming - Social Research.
  37. Rawls on Constitutionalism and Constitutional Law.Frank Michelman - 2003 - In Samuel Richard Freeman (ed.), The Cambridge Companion to Rawls. Cambridge University Press. pp. 394--425.
     
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  38.  6
    Chapter 5 Constitutional Law.Heather Roberts & John Williams - unknown
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  39. The Concept of Human Dignity in German and Kenyan Constitutional Law.Rainer Ebert & Reginald M. J. Oduor - 2012 - Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):43-73.
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of (...)
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  40.  15
    Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law.Regina Valutytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1171-1186.
    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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  41.  31
    On Alf Ross's Alleged Puzzle in Constitutional Law.Norbert Hoerster - 1972 - Mind 81 (323):422-426.
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  42. Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law.Jacob Weinrib - 2016 - Cambridge University Press.
    In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity (...)
     
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  43.  11
    Citizenship and Its Erosion: Transfer of Populated Territory and Oath of Allegiance in the Prism of Israeli Constitutional Law.Ilan Saban - 2008 - Law and Ethics of Human Rights 2 (1):3-32.
    This article discusses two issues of majority-minority relations in deeply divided societies. The first is the legitimacy of the transfer of a homeland minority — along with the territory it inhabits — to a neighboring kin-state against the will of the minority or most of its members. The second is the constitutional validity of legislation that renders citizenship or the right to vote contingent upon an oath of allegiance to the state or to its fundamental attributes. These two interrelated (...)
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  44.  14
    General Legitimacy of Judicial Review and the Fundamental Basis of Constitutional Law.Luc B. Tremblay - 2003 - Oxford Journal of Legal Studies 23 (4):525-562.
    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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  45. Legal Conventionalism in the U.S. Constitutional Law of Privacy*: Mark Tushnet.Mark Tushnet - 2000 - Social Philosophy and Policy 17 (2):141-164.
    Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise (...)
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  46. Selections From Political Science and Comparative Constitutional Law.John William Burgess - 1978 - Dabor Social Science Publications.
  47.  43
    The Paradox of Self-Amendment in American Constitutional Law.Peter Suber - 2011 - .
    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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  48.  36
    Constitutional Democracy in the Age of Populisms: A Commentary to Mark Tushnet’s Populist Constitutional Law.Valerio Fabbrizi - 2019 - Res Publica:1-17.
    This contribution aims at discussing constitutional democracy in the age of populisms, by explaining how populist movements oppose liberal-democratic constitutionalism and by presenting the thesis of a so-called ‘populist constitutionalism’, as proposed by Mark Tushnet. In the first section, a general and analytic exploration of populist phenomena will be drawn, by focusing on the so-called thesis of a ‘populist’ constitutionalism. In the second part, Tushnet’s arguments for a populist constitutionalism will be presented, through the analysis of his two main (...)
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    Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. V. Stonea.Erika Wilkinson - 2006 - Journal of Law, Medicine and Ethics 34 (4):826-828.
    The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not (...)
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  50.  36
    The Role of International Law in US Constitutional Law—A Question That Might Be Posed by John Courtney Murray.Robert J. Araujo - 2007 - Journal of Catholic Social Thought 4 (1):35-58.
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