Chapter 6: International Constitutional Courts
... The notion of international constitutional review raises the same sorts of concerns about the possible deleterious effects of judicial review on democracy.2 Changing national statutes or the national constitution will not suffice where national rules conflict with higher order international legal ob ...
... The notion of international constitutional review raises the same sorts of concerns about the possible deleterious effects of judicial review on democracy.2 Changing national statutes or the national constitution will not suffice where national rules conflict with higher order international legal ob ...
JEAN-JACQUES ROUSSEAU`S THEORY OF LAW AND CIVIL
... abound in this state giving rise to envy, injustice, avarice, killing, manipulation, hatred among others. In the state of nature man lives in perpetual fear of what the next moment will bring, owing to its unstable nature. To tackle these problems, Rousseau thought of the need to form an associatio ...
... abound in this state giving rise to envy, injustice, avarice, killing, manipulation, hatred among others. In the state of nature man lives in perpetual fear of what the next moment will bring, owing to its unstable nature. To tackle these problems, Rousseau thought of the need to form an associatio ...
The of Power in Paradise: Political
... features of modem law-rhetoric, bureaucracy and violence-without then banally concluding that the state is on the way out (p.117; see also BarretKriegel 1995; Milward 1992). Rather, what Santos seeks to show is that the prevailing “common sense” associated with modernity has to make way for a ...
... features of modem law-rhetoric, bureaucracy and violence-without then banally concluding that the state is on the way out (p.117; see also BarretKriegel 1995; Milward 1992). Rather, what Santos seeks to show is that the prevailing “common sense” associated with modernity has to make way for a ...
Overcoming Legal Challenges to Extradition
... In some jurisdictions the majority of serious challenges to the completeness of an extradition request is focused upon either: 1) the identity of the subject or 2) the question of whether or not the offense is extraditable. In the latter instance the issue of dual criminality is one to be settled i ...
... In some jurisdictions the majority of serious challenges to the completeness of an extradition request is focused upon either: 1) the identity of the subject or 2) the question of whether or not the offense is extraditable. In the latter instance the issue of dual criminality is one to be settled i ...
“Weimar and Labor” as Legacy
... Yet even if these are indeed accidents common to exiles’ styles of thought, these obstacles to the flexible realism that Rubinstein used as a standard are not necessarily obstacles to understanding in all senses. Like caricatures—or utopias—these ways of seeing, especially as they are typically anim ...
... Yet even if these are indeed accidents common to exiles’ styles of thought, these obstacles to the flexible realism that Rubinstein used as a standard are not necessarily obstacles to understanding in all senses. Like caricatures—or utopias—these ways of seeing, especially as they are typically anim ...
The Long Shadow of Colonialism: The Origins of the Doctrine of
... Abstract: Amidst the post-‐war turn to transcend international law’s traditional power structures in the narration and codification of individual rights, colonial interests and legal philosophies ret ...
... Abstract: Amidst the post-‐war turn to transcend international law’s traditional power structures in the narration and codification of individual rights, colonial interests and legal philosophies ret ...
Document
... consent was required as a constit convention. forced feds to negotiate with provs. (compare with Haida case where substantial degree of consulting was also required) o Quebec not given a veto by the courts where an amendment would require Quebec’s agreement. Change to Amendment formula with Region ...
... consent was required as a constit convention. forced feds to negotiate with provs. (compare with Haida case where substantial degree of consulting was also required) o Quebec not given a veto by the courts where an amendment would require Quebec’s agreement. Change to Amendment formula with Region ...
NBER WORKING PAPER SERIES ECONOMIC ANALYSIS OF WELFARE ECONOMICS, MORALITY AND THE LAW
... another, fairness requires that he compensate the victim for his losses (the classic notion of corrective justice); or that if a person commits a bad act, it is right that he be punished in proportion to the gravity of the act. On reflection, the reader can verify that these examples of nondistribu ...
... another, fairness requires that he compensate the victim for his losses (the classic notion of corrective justice); or that if a person commits a bad act, it is right that he be punished in proportion to the gravity of the act. On reflection, the reader can verify that these examples of nondistribu ...
NFU Trainee Solicitor Scheme
... scheme. In addition to this, you will have the benefit of day to day support and guidance from other qualified Solicitors within the Legal Affairs Team who may require you to carry out assignments, or work on projects with them. ...
... scheme. In addition to this, you will have the benefit of day to day support and guidance from other qualified Solicitors within the Legal Affairs Team who may require you to carry out assignments, or work on projects with them. ...
- PhilSci-Archive
... ‘governing’ role as a constitutive feature. In the global metaphysical view of the world that is on the background of (any version of) views like this, any modal, governing feature in mentioning laws must be traced back to us as subjects, not to the world, that in itself is nothing but a collection ...
... ‘governing’ role as a constitutive feature. In the global metaphysical view of the world that is on the background of (any version of) views like this, any modal, governing feature in mentioning laws must be traced back to us as subjects, not to the world, that in itself is nothing but a collection ...
introduction to legislation
... 1. What assumptions about political process are animating the judicial behavior under consideration? 2. What role should be played by understandings of constitutional framers? 3. Is the legislature a legitimate entity to make important public policy largely w/out judicial review? 4. When evaluating ...
... 1. What assumptions about political process are animating the judicial behavior under consideration? 2. What role should be played by understandings of constitutional framers? 3. Is the legislature a legitimate entity to make important public policy largely w/out judicial review? 4. When evaluating ...
Protocol Additional to the Geneva Conventions of 12 August 1949
... solutions. The solution for changing a legal regime that can no longer offer the correct solutions for a law of war problem is not to set aside the entirety of the law of war, but to modernize it. The law of armed conflict must be updated to reflect the world's conundrum over how to deal with terror ...
... solutions. The solution for changing a legal regime that can no longer offer the correct solutions for a law of war problem is not to set aside the entirety of the law of war, but to modernize it. The law of armed conflict must be updated to reflect the world's conundrum over how to deal with terror ...
Report
... Planning and Construction, and has found that the regulations contain substantive provisions regarding the change of the form of ownership and drew the attention of the Government to the problem in its letter of 24 February 2010, but the Government never responded. Then on June 24 the Anti-Corruptio ...
... Planning and Construction, and has found that the regulations contain substantive provisions regarding the change of the form of ownership and drew the attention of the Government to the problem in its letter of 24 February 2010, but the Government never responded. Then on June 24 the Anti-Corruptio ...
Transitional Justice in Times of Conflict: Colombia`s
... comfortable with the hyphenation "victim-survivor" for several reasons. First, not all people with whom we have spoken identify themselves as victims in their daily lives. Indeed, they may reject the term for the helplessness it implies, choosing to distance themselves from such an image. In Peru, f ...
... comfortable with the hyphenation "victim-survivor" for several reasons. First, not all people with whom we have spoken identify themselves as victims in their daily lives. Indeed, they may reject the term for the helplessness it implies, choosing to distance themselves from such an image. In Peru, f ...
Groundwork for the Metaphysic of Morals
... When the thought of an objective principle constrains a will, it is called a ‘command’ (of reason), and its verbal expression is called an ‘imperative’. All imperatives are expressed with an ‘ought’, which indicates how an objective law of reason relates to a will that it constrains. An imperative s ...
... When the thought of an objective principle constrains a will, it is called a ‘command’ (of reason), and its verbal expression is called an ‘imperative’. All imperatives are expressed with an ‘ought’, which indicates how an objective law of reason relates to a will that it constrains. An imperative s ...
The Legacy of Justice Holmes for First Amendment Jurisprudence
... destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way. —Justice Oliver Wendell Holmes2 INTRODUCTION The right to free expression is central to our constitutional order.3 Yet there is something dee ...
... destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way. —Justice Oliver Wendell Holmes2 INTRODUCTION The right to free expression is central to our constitutional order.3 Yet there is something dee ...
Shariah - FE UIN Malang
... • the majority of the scholars describe the fiqh as the absolute understanding Mutlaq al fahm. • Therefore understanding, fahm and fiqh are ...
... • the majority of the scholars describe the fiqh as the absolute understanding Mutlaq al fahm. • Therefore understanding, fahm and fiqh are ...
Lobbying and Litigating Against "Legal Bootleggers"
... define the practice of law has a solid mandate from state constitutions and the separation of powers doctrine, or whether the power developed to serve protectionist interests of a private trade group-the bar-which had the cooperation of judiciary due to their shared membership in the legal professio ...
... define the practice of law has a solid mandate from state constitutions and the separation of powers doctrine, or whether the power developed to serve protectionist interests of a private trade group-the bar-which had the cooperation of judiciary due to their shared membership in the legal professio ...
COSTS OF CODIFICATION - University of Illinois Law Review
... SHAMBIE SINGER, 2 STATUTES AND STATUTORY CONSTRUCTION § 36A:3 (7th ed. 2009)). Europeans would probably call these compilations or digests, as codification has a somewhat different meaning there, where judges traditionally have less lawmaking power and many national law codes derive historically fro ...
... SHAMBIE SINGER, 2 STATUTES AND STATUTORY CONSTRUCTION § 36A:3 (7th ed. 2009)). Europeans would probably call these compilations or digests, as codification has a somewhat different meaning there, where judges traditionally have less lawmaking power and many national law codes derive historically fro ...
Updating the Executive, or, the Character of the Pardoning President
... is he who decides on the exception." 7 Whereas for Schmitt, the decision on the exception also involves determining when an emergency has arisen, for Fatovic, the compass of what falls under that rubric is more narrowly if not entirely precisely - delimited, and this delimitation precedes any partic ...
... is he who decides on the exception." 7 Whereas for Schmitt, the decision on the exception also involves determining when an emergency has arisen, for Fatovic, the compass of what falls under that rubric is more narrowly if not entirely precisely - delimited, and this delimitation precedes any partic ...
Epistemic Line of Explanation for Experimental
... and on the laws of the mechanics of celestial bodies. The explanation is just as valid if the same premises are considered the moment after the eclipse. However, according to Salmon, the explanandum must always precede the explanans. On the contrary, in dealing with the issue, Hempel never thought h ...
... and on the laws of the mechanics of celestial bodies. The explanation is just as valid if the same premises are considered the moment after the eclipse. However, according to Salmon, the explanandum must always precede the explanans. On the contrary, in dealing with the issue, Hempel never thought h ...
on the ambiguity of international law
... Summarising, one could say that international law has progressed to a substantively more universal category, and thus to a more cosmopolitan medium.21 In the first place, it presents itself to us with an ever expanding horizontal scope. There are more and more policy areas, among them very importan ...
... Summarising, one could say that international law has progressed to a substantively more universal category, and thus to a more cosmopolitan medium.21 In the first place, it presents itself to us with an ever expanding horizontal scope. There are more and more policy areas, among them very importan ...
Leveraging Asylum
... substantively circumscribed than the Refugee Convention’s open-ended focus on persons at risk of “being persecuted.” But protection claims derived from the Torture Convention, Civil and Political Covenant, Covention on the Rights of the Child and international humanitarian law are in other ways less ...
... substantively circumscribed than the Refugee Convention’s open-ended focus on persons at risk of “being persecuted.” But protection claims derived from the Torture Convention, Civil and Political Covenant, Covention on the Rights of the Child and international humanitarian law are in other ways less ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... elements of two distinct methodological approaches, which we can call the descriptive-explanatory method and the method of conceptual analysis. Of these, only the first can appropriately be said to involve a form of methodological positivism. The second, when understood and analyzed in its own terms ...
... elements of two distinct methodological approaches, which we can call the descriptive-explanatory method and the method of conceptual analysis. Of these, only the first can appropriately be said to involve a form of methodological positivism. The second, when understood and analyzed in its own terms ...
A Terrible Purity: International Law, Morality, Religion, Exclusion
... United Nations (UN) also highlight this weakness. That international law is considered weak, merely aspirational, a "grand experiment," and indeed, not even really law 19 (or mere policy 20 ), is not new, although the critiques have proliferated as of late. 2 ' The reasons are rife, ranging from the ...
... United Nations (UN) also highlight this weakness. That international law is considered weak, merely aspirational, a "grand experiment," and indeed, not even really law 19 (or mere policy 20 ), is not new, although the critiques have proliferated as of late. 2 ' The reasons are rife, ranging from the ...
Scepticism in law
Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists. Legal Scepticism, is also commonly known as Legal Realism. This is an inept label in the context of philosophy because the word 'realism' is also used for school of thought founded by Plato and his followers. Therefore some prefer the word 'scepticism’.The word 'realist' is inept in the context of philosophy because American legal sceptics are also against the philosophy of Plato and his followers. The reason for this preference for the use of word 'scepticism' is not only that this word is used in the writings of sceptic jurists themselves, but also that this word is suitable in the context of history of philosophy.