Israel's Declaration of Independence: The History and Political Theory of the Nation's Founding Moment. By Neil Rogachevsky and Dov Zigler
In: A journal of church and state: JCS
ISSN: 2040-4867
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In: A journal of church and state: JCS
ISSN: 2040-4867
In: Law & ethics of human rights, Band 16, Heft 1, S. 167-192
ISSN: 1938-2545
Abstract
A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of "mixed constitutions" encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution "mixed." Second, an attempt to analyze either the desirability of such a system or an attempt to figure out how to harness mixed constitutions in the service of particular normative goals, for example the protection of human rights. This article has two goals. First, an inquiry into the descriptive aspect of mixed constitutions. My aim is to show that given the seeming consensus of what constitutes a mixed constitution, the category itself might encompass many more constitutions than is often acknowledged, to the point that many constitutions are likely to be mixed to a certain extent. My second goal is to demonstrate that given this definitional consensus, what makes a constitution mixed is not necessarily because the constitution itself is mixed, but because sub-constitutional norms shape our constitutional understanding. Put differently, the meaning of a constitution is not determined exclusively through an analysis of the constitution, but also by shifts in sub-constitutional understandings. If this is correct, then it turns out that the universe of mixed constitutions is much larger than thought, which casts doubt on the utility of the category of mixed constitutions.
In: 16 Law & Ethics of Human Rights 167 (2022)
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In: American Journal of Comparative Law (2021)
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In: Global constitutionalism: human rights, democracy and the rule of law, Band 8, Heft 1, S. 12-28
ISSN: 2045-3825
Abstract:This introduction sets the stage for the special issue on the 'ideologies of global constitutionalism'. It describes the competing approaches for conceptualising and analysing global constitutionalism. It then turns to highlight the overlooked ideologies underlying global constitutionalism through a thematic exposition of the articles in the special issue. In particular, the introduction questions the conventional link between global constitutionalism and neo-liberalism, explores a materialist analysis of global constitutionalism, analyses the validity of the liberal global constitutionalist paradigm for non-liberal regimes, and discusses the potential for the abuse of that liberal paradigm through the migration of constitutional doctrine.
In: 57 Virginia Journal of International Law 735 (2018)
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In: 5 The Theory and Practice of Legislation 149 (2017)
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In: Private Communities and Urban Governance 215 (Amnon Lehavi ed., Springer, 2016)
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In: מחקרי משפט (Studies in Law), 2016
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Working paper
In: New York University Journal of Legislation and Public Policy, Band 17, Heft 4, S. 989
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In: Constitutionalism and the Rule of Law: Bridging Idealism and Realism (Ernst Hirsch Ballin, Maurice Adams, Anne Meuwese, eds., Cambridge University Press) (Forthcoming)
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In: Jerusalem Review of Legal Studies, 2015, Forthcoming
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In: The Social and Political Foundations of Constitutions 207 (Denis Galligan & Mila Versteeg eds., Cambridge University Press 2013)
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In: 46 Connecticut Law Review 1 (2013)
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