Provocation in Sentencing Research Report
... date, provocation as an independent sentencing factor has not loomed large in sentencing law or theory. Outside of provocation manslaughter it has received only passing reference in judgments and sentencing texts, mostly in the context of non-fatal assaults. For this reason we published the first ed ...
... date, provocation as an independent sentencing factor has not loomed large in sentencing law or theory. Outside of provocation manslaughter it has received only passing reference in judgments and sentencing texts, mostly in the context of non-fatal assaults. For this reason we published the first ed ...
Great Powers and Outlaw States: Unequal Sovereigns in - E
... I hope that is not true. It seems to me that the struggle for equality -equality of a kind, even in the very different conditions of the international system -- has a constraining value, and that we should struggle against the idea that, for example, France may use force where Monaco or Andorra may ...
... I hope that is not true. It seems to me that the struggle for equality -equality of a kind, even in the very different conditions of the international system -- has a constraining value, and that we should struggle against the idea that, for example, France may use force where Monaco or Andorra may ...
Quality of Decision-Making in Public Law
... in at least three ways. First of all, when issuing administrative decisions, public authorities should treat citizens according to their rights, including the right to equal treatment and the right to legal certainty. Secondly, the rights of third parties should be protected; for instance, they shou ...
... in at least three ways. First of all, when issuing administrative decisions, public authorities should treat citizens according to their rights, including the right to equal treatment and the right to legal certainty. Secondly, the rights of third parties should be protected; for instance, they shou ...
THE NEW RACIAL JUSTICE: MOVING BEYOND THE EQUAL
... creasingly discomfited by claims of group-based discrimination. This unease has variously been described as “pluralism anxiety,”9 an “antibalkanization” perspective,10 and “the strain of difference.”11 Some of these scholars have in turn noted a shift in the Court’s jurisprudence; in Kenji Yoshino’s ...
... creasingly discomfited by claims of group-based discrimination. This unease has variously been described as “pluralism anxiety,”9 an “antibalkanization” perspective,10 and “the strain of difference.”11 Some of these scholars have in turn noted a shift in the Court’s jurisprudence; in Kenji Yoshino’s ...
HANSARD English Version
... instead of having two systems of appointment. As regards the Bar Association's opinion that appointment as Senior Counsel should be restricted to barristers, the Administration has pointed out that in the United Kingdom, academic lawyers, employed lawyers and civil and public servants are eligible f ...
... instead of having two systems of appointment. As regards the Bar Association's opinion that appointment as Senior Counsel should be restricted to barristers, the Administration has pointed out that in the United Kingdom, academic lawyers, employed lawyers and civil and public servants are eligible f ...
Constitution of the Marshall Islands
... (4) Before any land right or other form of private property is taken, there must be a determination by the High Court that such taking is lawful and an order by the High Court providing for prompt and just compensation (5) Where any land rights are taken, just compensation shall include reasonably e ...
... (4) Before any land right or other form of private property is taken, there must be a determination by the High Court that such taking is lawful and an order by the High Court providing for prompt and just compensation (5) Where any land rights are taken, just compensation shall include reasonably e ...
y000arc42 - Administrative Review Council - Attorney
... 2.12 Attachment 3 to the Requirements sets out the information that agencies should provide to Members of Parliament and Senators on request, after annual reports have been tabled. This information is also to be made available to members of the public on request. 2.13 It is a matter for the discreti ...
... 2.12 Attachment 3 to the Requirements sets out the information that agencies should provide to Members of Parliament and Senators on request, after annual reports have been tabled. This information is also to be made available to members of the public on request. 2.13 It is a matter for the discreti ...
PDF - Durham e-Theses
... timely and insightful supervisions from both of my supervisors: Professor Ian Leigh and Dr. James Sweeney. My heartfelt gratitude therefore goes first to them both. It is by their guidance that I moved step by step forward. Supervision meetings with them were always fruitful and inspiring. They spot ...
... timely and insightful supervisions from both of my supervisors: Professor Ian Leigh and Dr. James Sweeney. My heartfelt gratitude therefore goes first to them both. It is by their guidance that I moved step by step forward. Supervision meetings with them were always fruitful and inspiring. They spot ...
The Preamble and Indigenous Recognition
... was intended to explain substantive changes made in the text of the Constitution. It is not possible to change the original intent of the framers of the Constitution by making a later change to the Preamble. To what extent should an amended Preamble be used to change the interpretation of provisions ...
... was intended to explain substantive changes made in the text of the Constitution. It is not possible to change the original intent of the framers of the Constitution by making a later change to the Preamble. To what extent should an amended Preamble be used to change the interpretation of provisions ...
The protection of fundamental rights by the Constitutional Court
... not easily removed, as is all too clearly shown by the case of the European Community. The integration I have in mind fully attains its possible scope when it is fashioned as a greening hot-house of individual rights. The nation state, to be sure, is called upon to secure these rights in the first p ...
... not easily removed, as is all too clearly shown by the case of the European Community. The integration I have in mind fully attains its possible scope when it is fashioned as a greening hot-house of individual rights. The nation state, to be sure, is called upon to secure these rights in the first p ...
no competing theory of constitutional interpretation justifies
... originalism, and evolutionary document—and argues that, independent of the line of interpretation that one finds compelling or that has most currency at a given time, none of the contending lines of interpretation warrant the current expansive application of the Clause. In Sections III.A and III.B t ...
... originalism, and evolutionary document—and argues that, independent of the line of interpretation that one finds compelling or that has most currency at a given time, none of the contending lines of interpretation warrant the current expansive application of the Clause. In Sections III.A and III.B t ...
the implementation of papua new guinea`s national goals and
... Practical application of indirect justiciability and its difference from the interpretive aid approach ................................................................................................................. 50 ...
... Practical application of indirect justiciability and its difference from the interpretive aid approach ................................................................................................................. 50 ...
Vazquez Article on Self-executing Treaties
... contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of several ways in which a treaty might be non-selfexecuting. A treaty might be non-self-executing for constitutional reasons, either because it purports to do what may only be done by statute, or because it imposes ...
... contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of several ways in which a treaty might be non-selfexecuting. A treaty might be non-self-executing for constitutional reasons, either because it purports to do what may only be done by statute, or because it imposes ...
The Judicial Legacy of Louis Brandeis and the Nature of American
... Brandeis’s judicial legacy, of course, boasts a great many other contributions as well. He had a significant impact on a wide range of doctrinal areas from antitrust and commercial law to administrative law and utilities regulation,14 and he sometimes exerted an unacknowledged influence over the Cou ...
... Brandeis’s judicial legacy, of course, boasts a great many other contributions as well. He had a significant impact on a wide range of doctrinal areas from antitrust and commercial law to administrative law and utilities regulation,14 and he sometimes exerted an unacknowledged influence over the Cou ...
Treaties as Law of the Land - Scholarship @ GEORGETOWN LAW
... contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of several ways in which a treaty might be non-selfexecuting. A treaty might be non-self-executing for constitutional reasons, either because it purports to do what may only be done by statute, or because it imposes ...
... contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of several ways in which a treaty might be non-selfexecuting. A treaty might be non-self-executing for constitutional reasons, either because it purports to do what may only be done by statute, or because it imposes ...
amended and supplemented on 5 July 2000 Amended by: 1. Law no
... (2) No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments. (3) The capital punishment shall be abolished. No one shall be sentenced to such a penalty, nor executed unless for actions committed during the wartime, or an imminent war danger and only under th ...
... (2) No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments. (3) The capital punishment shall be abolished. No one shall be sentenced to such a penalty, nor executed unless for actions committed during the wartime, or an imminent war danger and only under th ...
national constitutional avenues for further eu integration study
... Accordingly, the supremacy of the Constitution itself is challenged. Seen in this light, it should come as no surprise that many Member States, while having adapted their constitutions to allow for membership and facilitate it, have at the same time retained constitutional limits and reservations, a ...
... Accordingly, the supremacy of the Constitution itself is challenged. Seen in this light, it should come as no surprise that many Member States, while having adapted their constitutions to allow for membership and facilitate it, have at the same time retained constitutional limits and reservations, a ...
From Left to Rights: Civil Liberties Lawyering Between the
... incremental legal reform as a corrective to the inefficiencies and inconsistencies of interest group politics. If courts simply implemented the preferences of their social circles, as critics of the judiciary often contended, then the best means of advancing progressive interests in the face of powe ...
... incremental legal reform as a corrective to the inefficiencies and inconsistencies of interest group politics. If courts simply implemented the preferences of their social circles, as critics of the judiciary often contended, then the best means of advancing progressive interests in the face of powe ...
Seeking Liberty`s Refuge: Analyzing Legislative Purpose Under
... Before delving into abortion jurisprudence, it is necessary to provide a basic framework for constitutional analysis. Part I.A discusses the manner in which constitutional rights are identified under substantive due process, as well as the way the Supreme Court typically deals with challenges to leg ...
... Before delving into abortion jurisprudence, it is necessary to provide a basic framework for constitutional analysis. Part I.A discusses the manner in which constitutional rights are identified under substantive due process, as well as the way the Supreme Court typically deals with challenges to leg ...
Lobbying and Litigating Against "Legal Bootleggers"
... The shift in the organized bar's strategy, and the timing of the shift, raises the question of whether the courts' inherent power to 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 in ...
... The shift in the organized bar's strategy, and the timing of the shift, raises the question of whether the courts' inherent power to 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 in ...
British Journal of American Legal Studies
... there is little or no personal or political risk. Many Americans are contemptuous of politicians because they appear to be for sale. People distrust Congress in particular. Why is this and what can we do about it? It is difficult to avoid the suspicion that there is something wrong with the structur ...
... there is little or no personal or political risk. Many Americans are contemptuous of politicians because they appear to be for sale. People distrust Congress in particular. Why is this and what can we do about it? It is difficult to avoid the suspicion that there is something wrong with the structur ...
a shining city on a hill
... Court ought to be a conventionalist, Burkean common law court that interprets the Constitution according to current day consensus. 8 If the Court follows either its own precedent, or any of the many other hints in its caselaw, it simply must consider foreign law in deciding U.S. constitutional law c ...
... Court ought to be a conventionalist, Burkean common law court that interprets the Constitution according to current day consensus. 8 If the Court follows either its own precedent, or any of the many other hints in its caselaw, it simply must consider foreign law in deciding U.S. constitutional law c ...
Volume 21, 2013
... In the title to this lecture I promised to make an heroic attempt at mapping the Māori dimension in modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a l ...
... In the title to this lecture I promised to make an heroic attempt at mapping the Māori dimension in modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a l ...
Publication - Det juridiske fakultet
... Participants of public debates in the Nordics have tended to conflate legitimacy and majoritarian parliamentarianism. Parliament is seen as the site of legitimacy, as the privileged arena for the expression of the general will. The constitutions and constitutional conventions allow significant parli ...
... Participants of public debates in the Nordics have tended to conflate legitimacy and majoritarian parliamentarianism. Parliament is seen as the site of legitimacy, as the privileged arena for the expression of the general will. The constitutions and constitutional conventions allow significant parli ...
as amended by Amendment LXVI - Office of the High Representative
... Constitution shall be held personally responsible for it and may not be justified by having obeyed somebody’s order to that effect. Article 49. Freedoms and rights shall be exercised, and duties fulfilled directly pursuant to the Constitution, unless the Constitution provides that conditions for exe ...
... Constitution shall be held personally responsible for it and may not be justified by having obeyed somebody’s order to that effect. Article 49. Freedoms and rights shall be exercised, and duties fulfilled directly pursuant to the Constitution, unless the Constitution provides that conditions for exe ...
Constitutional Council (France)
The Constitutional Council (French: Conseil Constitutionnel; French pronunciation: [kɔ̃sɛj kɔ̃stitysjɔˈnɛl]) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution be upheld.Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic (a priori review); since 1 March 2010, individual citizens party to a trial or lawsuit can also ask for the Council to review whether the law applied in the case is constitutional. In 1971, the Council ruled that conformity with the Constitution entails conformity with two texts referred to by the preamble of that constitution: the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, both of which list constitutional rights (e.g., freedom of speech).