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Advanced Search Results For "Constitutional law--Philosophy"

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 "Constitutional law--Philosophy"
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Constitutional Theory: Schmitt After Derrida

Constitutional Theory: Schmitt After Derrida

Publication Type:eBook

Abstract:This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt's texts, including Dictato...

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Constitutions Unentrenched: Toward an Alternative Theory of Constitutional Design.

Publication Type:Academic Journal

Source(s):American Political Science Review. Nov2016, Vol. 110 Issue 4, p657-674. 18p.

Abstract:This article highlights a gap between a great deal of constitutional theory and a great deal of the practice of democratic constitution-making. Drawing on data from democratic national and state constitutions, we challenge the consensus among constitut...

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THE UPSTREAM PROBLEM IN CONSTITUTIONALISM.

Publication Type:Academic Journal

Source(s):Wake Forest Law Review. 2015, Vol. 50 Issue 4, p795-841. 47p.

Abstract:The article discusses what the author refers to as the upstream problem in constitutionalism which deals with how constitutions are created in places such as America, and it mentions constitutional choice theories and the constitution-making process wo...

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INTELLECTUAL HISTORY AND CONSTITUTIONAL DECISION MAKING.

Publication Type:Academic Journal

Source(s):Virginia Law Review. Jun2015, Vol. 101 Issue 4, p1165-1178. 14p.

Abstract:The article provides a response to Professor Lawrence B. Solum's article "Intellectual History as Constitutional Theory" which appears in the same issue of the journal, and it mentions the originalism constitutional interpretation theory and the potent...

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INTELLECTUAL HISTORY AS CONSTITUTIONAL THEORY.

Publication Type:Academic Journal

Source(s):Virginia Law Review. Jun2015, Vol. 101 Issue 4, p1111-1164. 54p. 1 Diagram.

Abstract:The article discusses the intellectual history of constitutional theory and doctrine in America, and it mentions how intellectual history could constitute a theory and method of constitutional interpretation in the U.S. A law review article by Professo...

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Rights, Laws and Language.

Publication Type:Academic Journal

Source(s):Oxford Journal of Legal Studies. Autumn2011, Vol. 31 Issue 3, p437-453. 17p.

Abstract:Words have meanings, often more than one. Many words also have evocative power and communicative reach. It is important to look beyond the legal route in making human rights more effective, and to endorse but proceed beyond human rights being seen as m...

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The Language of Liberty and Law: James Wilson on America's Written Constitution.

Publication Type:Academic Journal

Source(s):American Political Science Review. Aug2009, Vol. 103 Issue 3, p442-455. 14p.

Abstract:Although contemporary Americans take it for granted that a "constitution" is a written document, written constitutions were almost unprecedented at America's founding. James Wilson, one of the most significant yet overlooked of America's founders, offe...

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Sobre o postulado da moda, a proporcionalidade: sua liturgia metodológica e sua irracionalidade.

Publication Type:Academic Journal

Source(s):Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito. jan-jun2014, Vol. 6 Issue 1, p63-74. 12p.

Abstract:Em conformidade com uma nova etapa do direito constitucional, o chamado "novo constitucionalismo", o postulado da proporcionalidade foi alçado a um princípio constitucional indireto em inúmeras cortes constitucionais europeias, asiáticas e do continent...

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The Significance of the Common Understanding in Legal Theory.

Publication Type:Academic Journal

Source(s):Oxford Journal of Legal Studies; Winter2015, Vol. 35 Issue 4, p799-823, 25p

Abstract:Copyright of Oxford Journal of Legal Studies is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, use...

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