Suchergebnisse

Rule of Law and Democracy in Times of Transitory Constitutionalism, Constitutional Polycrisis and Emergency Constitutionalism : Towards a Global Algorithmic Technocracy? / Martin Belov -- Rule of Law and Balance of Rights in the COVID-19 Pandemic / Tanja Cerruti -- Imaginary of the Rule of Law as a Force of Societal Transition : Central and East European Lessons from European (dis)integration / Jiří Přibán -- Rule of Law and Constitutionalisation of Memory Politics in Hungary and Russia / Uladzislau Belavusau -- Rule of Law, Populism and 'State-Religion' Relations in South-Eastern Europe : Comparative Research with Particular Attention to the Bulgarian Postcommunist Secularism / Simeon Groysman -- The Institutional Politics of the European Union's Rule of Law Crisis / Thomas Christiansen and Dora Hegedus -- Rule of law crisis and the constitutional 'awareness' of the EU / Angela Di Gregorio -- Rule of Law in the EU and Its Crisis : Central and Eastern European Experiences / Hristo Hristev -- Constitutional Limits on Legal Interpretation Imposed by the Principle of Rule of Law / Martin Borowski -- Material Justice and Formal-Procedural Rule of Law : Conceptual Asymmetries / Stiliyan Yotov -- Constitutional Review in a State Pretending to be ruled by Law / Monika Florczak-Wator -- The Bulgarian Constitutional court as a positive legislator / Aleksandar Tsekov -- Conclusion.

Despite considerable recent scholarly attention to the constitutional amending process, no contemporary work on the subject has analyzed the set of seven proposed amendments that Francis Lieber published in 1865, after circulating them in Congress the previous year. These proposals are important both because of Lieber's role in the founding of American political science and because of the manner in which Lieber justified change at a time when many had come to regard the Constitution as a sacred and untouchable document. Lieber was able to strike an appropriate balance between respect for the Constitution and a willingness to adapt it to change. Unlike some theorists who followed, Lieber further advocated an organic view of society, law, and Constitution, without undermining the importance of formal processes of change. There is circumstantial evidence that Lieber's proposals may have influenced the formation of the Thirteenth and Fourteenth, albeit not the Fifteenth, Amendment. As importantly, Lieber offered important justifications for formal amendment at a time when others were advocating extraconstitutional change. Because Lieber placed his proposals within a wider philosophical context, his justification for prudent use of the amending process continues to be relevant at a time when much different issues are on the national agenda.

This article responds to Huster's criticism (2003) of an analysis of the significance of the constitutionally guaranteed right to equality by outlining the author's understanding of the correct interpretation of the equality law. The right to equality contains a normative element due to the relationship defined between binary inclusive & exclusionary grounds & rationality & discrimination. Although Huster objects to the juristic construction & the deeper issue of the source of the legal authority, his perception of a problem is related more to the circumstances & reduction of analysis on the constitutional court's positivism rather than the stance taken. While unalterable traits are characteristic of specific bans on discrimination, they are based on a general principle that can be applied to any unreasonable adaptive challenges, without which the anti-discrimination rights have no substance. L. Kehl

In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels in the Russian Federation), and the place of local normative acts within the mechanism for legal regulation of relations in education.

Law and economics in Germany was dominated by regulation, competition, and ?German Ordnungspolitik? until the early 1970s. Since then, German scholars have published a broad body of work in German and in the English language, covering fields like contract law, environmental law, labor law, public law, bankruptcy law, constitutional economics and legal procedure. Also in the 1970s, teaching activities were started at German universities. In addition to this, several (bi)annual conferences on law and economics were launched. The foundation of some research centers gave a further impetus to the German law and economics movement.

Editorial note: Monica Claes, Professor of European and Comparative Constitutional Law at the Law Faculty of Maastricht University

The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide judges with guiding principles in applying the law. Part II of this Article discusses the use of analogical reasoning in cases involving technological media of communications. It points out that where courts do not analogize new technology to old, they fail in their decisionmaking capacity and therefore create confusing precedent. This Part concludes that, in determining the proper First Amendment treatment of new technologies, courts must apply the operative freedom of speech metaphor as well as determine the correct analogy for the technology. Part III of this Article examines the patchwork of laws which exist in First Amendment cases pertaining to technological media. This Part will explain the use of terms such as "spectrum scarcity" and "pervasiveness" which courts have used to rationalize different levels of governmental intrusion into speech. Part III will also look at the case of Denver Area Educational Technological Consortium v. FCC and argue that it is an illustration of the confusion that is created when courts fail to find technological analogies in free speech cases.Part IV of this Article addresses how courts can best understand the Internet. It lists metaphors which have developed for the Internet and explains how they can be considered by courts to help understand the technology from a user's perspective. Finally, this Part concludes that the Internet is most similar to the printing press for ...

"All except the first, the longest of these papers, have appeared elsewhere in print." - Pref. ; The power of the court to declare a law unconstitutional -- The significance of political parties -- Political parties and popular government -- Social compact and constitutional construction -- A written constitution in some of its historical aspects. ; Mode of access: Internet.

AbstractConstitutions are social and historical artefacts that take part in the government of humans. Based on a comparison of how contemporary 'global' and historical 'local' constitutional documents establish power relations between 'humans' and their 'government', this article suggests that both types of documents involve different constitutive logics. Global constitutional documents create a 'new normativity' – a reversed constitution – that turns the historical relationship betweenpouvoir constituantandpouvoir constituéon its head. Such documents shift the primary responsibility for human rights from governments to humans. Research in the academic field of global constitutionalism omits this constitutional reconfiguration. By offering a more historically sensitive and reflexive account of constitutionalization, the field of global constitutionalism can realize an as yet unexplored critical potential.

A revision of the library's Bulletin no. 4 issued 1915 under title "A list of documentary material relating to state constitutional conventions, 1776-1912." ; 300 copies multigraphed September 1917. ; Mode of access: Internet.