Political Institutions: Constitutions eJournal最新文献_第6页

Text Matters: Some Reflections on the Forging of a New Constitutional Jurisprudence in South Africa 文本问题:关于构建南非新宪法学的思考

Political Institutions: Constitutions eJournal Pub Date : 2012-01-01 DOI: 10.1111/j.1468-2230.2012.00886.x

K. O’Regan

引用次数: 9

Who is Afraid of Radical Pluralism? Legal Order and Political Stability in the Postnational Space 谁害怕激进的多元主义?后民族空间中的法律秩序与政治稳定

Political Institutions: Constitutions eJournal Pub Date : 2011-12-01 DOI: 10.1111/j.1467-9337.2011.00492.x

Nico Krisch

引用次数: 39

Spain’s Constitutional Reform: What is Seen and Not Seen 西班牙宪法改革:什么是看得见的，什么是看不见的

Political Institutions: Constitutions eJournal Pub Date : 2011-09-01 DOI: 10.2139/ssrn.1945775

J. Abad, J. Galante

引用次数: 4

Reform of Legal Regulation of Parties in a Context of the Concept of ‘Operated Democracy’ “运作民主”理念下的政党法律规制改革

Political Institutions: Constitutions eJournal Pub Date : 2011-08-18 DOI: 10.2139/SSRN.1912113

O. M. Reshetnikov

引用次数: 0

Reflections on Institutional Design – Especially Treaty Bodies 关于制度设计的思考-特别是条约机构

Political Institutions: Constitutions eJournal Pub Date : 2011-07-29 DOI: 10.4337/9780857931290.00024

G. Ulfstein

引用次数: 0

In the Constitutional Hall of Mirrors: Reflections of the Irish Constitution from Abroad 在宪法的镜子大厅:从国外对爱尔兰宪法的反思

Political Institutions: Constitutions eJournal Pub Date : 2011-04-30 DOI: 10.2139/ssrn.1938692

T. O'Dowd

{"title":"In the Constitutional Hall of Mirrors: Reflections of the Irish Constitution from Abroad","authors":"T. O'Dowd","doi":"10.2139/ssrn.1938692","DOIUrl":"https://doi.org/10.2139/ssrn.1938692","url":null,"abstract":"The Programme for Government of the Fine Gael-Labour coalition formed after the 2011 general election contains a commitment to establish a “Constitutional Convention” to advise on the desirability and form of constitutional amendments in relation to a series of specified matters and to propose other amendments it considers to be appropriate. This commitment appears to have been prompted, at least in part by the recommendation made by the Joint Committee on the Constitution, that the issue of electoral reform be considered by a citizens’ assembly. It seems timely to review how the Irish constitutional and Irish constitutional practice has been viewed and appraised in the course of similar exercises in Canada and Australia and what influence this has had there. A similar exchange of ideas and experiences can be found in the reflection of Irish constitutional law to be found in the case law of courts outside Ireland. Both the deliberations of the citizens’ assemblies and the analysis of foreign courts can offer a useful perspective on Irish constitutional law and practice. The first may hold valuable lessons for how the Constitutional Convention should operate and the second may be a source of persuasive arguments as to the proper development of Irish constitutional law itself.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"59 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113944318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Charter of Fundamental Rights: History and Prospects in Post-Lisbon Europe 《基本权利宪章》:后里斯本欧洲的历史与前景

Political Institutions: Constitutions eJournal Pub Date : 2011-03-31 DOI: 10.2139/SSRN.1953619

David H. Anderson, C. Murphy

{"title":"The Charter of Fundamental Rights: History and Prospects in Post-Lisbon Europe","authors":"David H. Anderson, C. Murphy","doi":"10.2139/SSRN.1953619","DOIUrl":"https://doi.org/10.2139/SSRN.1953619","url":null,"abstract":"The EU Charter of Fundamental Rights has been incorporated into European constitutional law ten years after it was adopted by the EU institutions. In that time the Charter developed from a ‘solemn proclamation’ to a persuasive authority before the European Courts and now a binding Charter for the EU. It has been referred to in the case-law of both the European Court of Justice and the European Court of Human Rights. However, the Charter’s history and future are the subject of political contest and academic debate. Along with the accession to the European Convention on Human Rights, it is likely to provide much scope for debate in coming years. This paper assesses the Charter’s development from a proposal to increase EU legitimacy to its current status as the Union’s own Bill of Rights. It examines the rights protected by the Charter, their sources and how they may be interpreted in light of the ‘Explanations’ in the Official Journal. The case-law of the European Courts on the Charter is cataloged and analyzed to determine the Charter’s likely value in human rights litigation. Finally, the chapter analyses the application of the Charter across the EU and considers its implications in the Member States that have limited its effect. Three related themes are woven throughout the analysis: the conflicting motivations of the Member States and the EU institutions, the potential for broadening and strengthening human rights protection in the EU and the Charter’s relationship with the European Convention on Human Rights.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133668262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 12

Association and Exclusion: The Paradox of Liberal Constitutionalism 联系与排斥:自由宪政的悖论

Political Institutions: Constitutions eJournal Pub Date : 2011-03-05 DOI: 10.37974/ALF.173

H. Hirsch

引用次数: 0

The Lockean Constitution: Separation of Powers and the Limits of Prerogative 洛克式宪法:三权分立与特权限制

Political Institutions: Constitutions eJournal Pub Date : 2011-03-01 DOI: 10.7202/1005132AR

David Jenkins

{"title":"The Lockean Constitution: Separation of Powers and the Limits of Prerogative","authors":"David Jenkins","doi":"10.7202/1005132AR","DOIUrl":"https://doi.org/10.7202/1005132AR","url":null,"abstract":"In the post-9/11 era, many legal scholars have advanced theories of constitutional law that make allowance for unreviewable discretionary decision making by the executive branch, particularly in the context of the “war on terror”. Drawing on Lockean constitutional theory for normative support, the author develops an alternative constitutional model that addresses the problem of discretionary executive power. Locke’s constitution divides political power between the executive and the legislature, with the latter checking and balancing the former. Both the executive and the legislature have a fiduciary trust to act for the public good. Locke closely links the public good and the constitution such that any breach of the constitution is per se a breach of the public good. Therefore, unreviewable decision making by the executive always violates its trust because it is a breach of the constitution. After setting out Locke’s theory of separation of powers, the author presents a modified model that makes the judiciary, in addition to the legislature, responsible for the accountability of executive decision makers. Although the executive retains its prerogative power, it must always remain accountable to the legislature and the courts, even in emergencies.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129668869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

Introduction: A Brief Trajectory of Public Choice and Public Law 导论:公共选择与公法简史

Political Institutions: Constitutions eJournal Pub Date : 2010-09-03 DOI: 10.4337/9781849804899.00006

D. Farber, Anne Joseph O'Connell

{"title":"Introduction: A Brief Trajectory of Public Choice and Public Law","authors":"D. Farber, Anne Joseph O'Connell","doi":"10.4337/9781849804899.00006","DOIUrl":"https://doi.org/10.4337/9781849804899.00006","url":null,"abstract":"Public choice theory plays a critical role in public law, particularly for legal scholarship and to some extent for doctrine. To be sure, it is not the only game in town, but it is an important one. The Research Handbook on Public Choice and Public Law is part of a new series, Research Handbooks in Law and Economics, which has been developed under the direction of Judge Richard Posner and Professor Francesco Parisi. Each volume in the series aims to serve as a reference, providing helpful introductions to important topics, and as a provocateur, suggesting weaknesses and important areas for further exploration. Our volume also emphasizes interdisciplinary and empirical approaches to public choice and public law, drawing from a range of social sciences and legal subjects. It is broken into four major segments: foundations, constitutional law and democracy, administrative design and action, and examples of specific statutory schemes. This introductory essay has several goals and audiences. To situate the novice, it starts by providing some cursory background on public choice theory, which the first part of the book covers in a more deliberate and stimulating manner. For the more sophisticated reader, it suggests that the field has shifted considerably in its aims and even its methods, comparing its origins to its current manifestations. For scholars engaged in this or related research, it then offers some lessons to consider as the field moves forward. Finally, for all readers, it summarizes the chapters contained in the volume.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125958447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4