Juxtaposing Constitution-Making and Constitutional Infringement Mechanisms in Israel and Canada: On the Interplay between Commonlaw Override and Sunset Override
In: 49 Israel Law Review 103 (2016)
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In: 49 Israel Law Review 103 (2016)
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In: Collected essays in law series
part Part One: The Scope of Legal Inquiry -- chapter 1 Subverting Orthodoxy, Making Law Central: A View of Sociolegal Studies -- chapter 2 Community as a Legal Concept? Some Uses of a Law-and-Community Approach in Legal Theory -- chapter 3 From 'Living Law' to the 'Death of the Social': Sociology in Legal Theory -- chapter 4 Pandora's Box: Jurisprudence in Legal Education -- part Part Two: Sociolegal Theory and Theorists -- chapter 5 Living Law Revisited: Communitarianism and Sociology of Law -- chapter 6 Emmanuel Lévy and Legal Studies: A View from Abroad -- chapter 7 Durkheim's Loyal Jurist? The Sociolegal Theory of Paul Huvelin -- chapter 8 The Rule of Law in Transition: Revisiting Franz Neumann's Sociology of Legality -- chapter 9 The Representation of Law's Autonomy in Autopoiesis Theory -- chapter 10 Images of Europe in Sociolegal Traditions -- part Part Three: Interpreting Legal Ideas Sociologically -- chapter 11 The Development of Capitalism and the Formalisation of Contract Law -- chapter 12 The Law of Property and Legal Theory -- chapter 13 Some Sociological Aspects of the Controversy around the Legal Validity of Private Purpose Trusts -- chapter 14 Trusting in Law: Legal and Moral Concepts of Trust -- chapter 15 Some Aspects of the Communication of Constitutional Authority -- chapter 16 Comparative Law and Legal Culture -- part Part Four: Law, Morality, Community -- chapter 17 Common Law Approaches to the Relationship between Law and Morality -- chapter 18 Legal Effects and Moral Meanings: A Comment on Recent Debates on Approaches to Legislation -- chapter 19 Ideals and Values in Law: A Comment on The Importance of Ideals -- chapter 20 Culture, Comparison, Community -- chapter 21 Lawyers and the Building of Communities.
Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the constitutional protections that citizens normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, the Department of Justice has made a broad claim that immigrants who have not been legally admitted to the country have no First Amendment protection at all. Second, the Supreme Court has approved broad prohibitions on non-citizens spending money on speech that is related to electoral campaigns. Third, the Court has indicated that the federal government might, in its discretion, act to deport immigrants because of their political activities. The Supreme Court should revisit these questions because current case law is in tension with other principles of free speech law, especially the prohibition on identity-based speech restrictions as articulated in Citizens United v. FEC. As the Court explained, the First Amendment protects the rights of marginalized people to have a voice and does not allow the government to prefer some speakers over others based on their identity.
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In: Springer reference live - living reference work
In: Springer eBook Collection
In: Springer Law and Criminology
This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that "[a]ll human beings are born free and equal in dignity and rights." The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept
In: International Journal of Constitutional Law, Volume 20, Issue 3, July 2022, Pages 1285–1306, https://doi.org/10.1093/icon/moac057
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In: International Journal of Constitutional Law, Volume 19, Issue 2, April 2021, Pages 403–407, https://doi.org/10.1093/icon/moab028
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In: Paper delivered to Australian Association of Constitutional Law, WA branch, at the Constitution Centre, West Perth, 4 September 2013.
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Working paper
In: Presidential studies quarterly: official publication of the Center for the Study of the Presidency, Volume 32, Issue 4, p. 672-692
ISSN: 1741-5705
The Constitution of the Republic of Indonesia has been stated in Article 1 paragraph (3), that the State of Indonesia is a State based on law (rechtsstaat), which places recognition and protection of human rights especially the rights of citizens as the highest, and also shows the harmony of relations between the government and the people based on the principle of harmony. Based on this principle of harmony, developing other elements of the Pancasila Law State concept, namely: the establishment of a proportional functional relationship between the powers of the State, deliberation, and judicial dispute resolution is the last resort, and not only prioritizing rights or obligations, but rather emphasizing the balance between rights and obligations. This balance between rights and obligations by taking into account the needs of life of people who are Indonesian citizens. Based on this, the government has an obligation to pay attention to its citizens in difficult times, such as the current Covid 19 pandemic. In addition, the government needs to prepare itself for the post pandemic, through various policies. The fulfillment of the rights of citizens is balanced with the obligations that must be carried out by citizens, so that government programs and policies can be implemented optimally and provide the expected results with the achievement of goals and objectives precisely and multipurpose. Article 28H of the 1945 Constitution of the Republic of Indonesia (1945 Constitution), paragraph (1) states that every citizen has the right to live in prosperity physically and mentally, in a good and healthy environment and obtain health services. The government's obligation to fulfill the rights of its citizens, but with the support of citizens to also carry out obligations as citizens to comply with government policies, so that a balance between rights and obligations is based on the principles of harmony and the concept of the Pancasila Rule of Law.
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"Ethnicity and International Law presents an historical account of the impact of ethnicity on the making of international law. The development of international law since the nineteenth century is characterised by the inherent tension between the liberal and conservative traditions of dealing with what might be termed the 'problem' of ethnicity. The present-day hesitancy of liberal international law to engage with ethnicity in ethnic conflicts and ethnic minorities has its roots in these conflicting philosophical traditions. In international legal studies, both the relevance of ethnicity, and the traditions of understanding it, lie in this fact"--
In: Journal of common market studies: JCMS, Volume 53, Issue 4, p. 926-927
ISSN: 1468-5965
In: Archives de sciences sociales des religions: ASSR, Issue 168, p. 225
ISSN: 1777-5825
In: Asien: the German journal on contemporary Asia, Volume 130, p. 82
ISSN: 0721-5231
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Working paper
In: Zeitschrift für vergleichende Politikwissenschaft: ZfVP = Comparative governance and politics, Volume 5, Issue 1, p. 131-155
ISSN: 1865-2654