The Methodology of Constitutional Theory最新文献

The Significance of the Common Understanding in Legal Theory 共识在法学理论中的意义

The Methodology of Constitutional Theory Pub Date : 2015-12-01 DOI: 10.2139/SSRN.1995809

N. Barber

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引用次数: 2

The Constitution of Legal Authority 法律权威的构成

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-007

D. Dyzenhaus

引用次数: 0

Slaying the Misshapen Monster: The Case for Constitutional Heuristics 杀死畸形的怪物:宪法启发的案例

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-004

T. Arvind, Lindsay Stirton

{"title":"Slaying the Misshapen Monster: The Case for Constitutional Heuristics","authors":"T. Arvind, Lindsay Stirton","doi":"10.5040/9781509933877.ch-004","DOIUrl":"https://doi.org/10.5040/9781509933877.ch-004","url":null,"abstract":"On 9 February 1784 Adriaan Kluit, rector magnificus at the University of Leiden, ascended the podium to deliver his valedictory address: ‘On the abuse of constitutional law’.1 Kluit was speaking at a time of fierce contestation in Dutch politics between the Orangists (with whom Kluit identified) and the anti-Orangist ‘Patriots’. The language of constitutional theory had become a key weapon in their battle, and it was to that language that Kluit’s address was directed. Its contents were sharp and uncompromising. The Patriots, Kluit said, had created ‘a misshapen monster in constitutional law.’2 The excellent provisions of the Dutch state’s settled constitutional institutions had established civil liberty on the firmest foundations, but these accomplishments were threatened by those who, posing as the commonwealth’s physicians, were taking it down a path of ruin.3 The Patriots’ constitutional doctrines, Kluit warned, were a destructive plague bringing catastrophes upon commonwealths.4 This chapter is motivated by our sense that little has changed since Kluit’s day in the methodology of constitutional theory and how it deals with disagreement. The debate between Kluit and the Patriots was at one level a theoretical debate as to the meaning of liberty, and whether civil liberty mattered more than political liberty. Yet the argument about these concepts was suffused with claims about facts: about the Netherlands’ Batavian","PeriodicalId":326416,"journal":{"name":"The Methodology of Constitutional Theory","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116126404","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: 1

The View from Nowhere in Constitutional Theory: A Methodological Inquiry 宪法理论中的无中生有之见:方法论探究

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-013

S. Şuteu

引用次数: 0

Constitutional Law as Legitimacy-Enhancer 宪法作为合法性增强器

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-008

D. Kyritsis

引用次数: 1

Common Understandings of Administrative Law 行政法常识

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-014

Matthew Lewans

引用次数: 0

A Positivist and Political Approach to Public Law 公法的实证主义与政治途径

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-009

M. Gordon

引用次数: 0

The Methodology of Constitutional Theory – Introduction 宪法理论方法论——导论

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.0008

D. Kyritsis, Stuart Lakin

引用次数: 0

The British Constitution as an Improvised Order 作为临时秩序的英国宪法

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-011

D. Howarth

引用次数: 0

Methodology in Constitutional Theory: The Case of the Administrative State 宪政理论的方法论:以行政国家为例

The Methodology of Constitutional Theory Pub Date : 1900-01-01 DOI: 10.5040/9781509933877.ch-015

Kristen Rundle

引用次数: 0