ICL Journal-Vienna Journal on International Constitutional Law最新文献_第6页

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-08-01 DOI: 10.1515/icl-2020-0001

Frank J. Merli

引用次数: 0

Frontmatter

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-08-01 DOI: 10.1515/icl-2020-frontmatter2

引用次数: 0

The Constitutional Identity of European Micro States and the Continental Integration Mechanisms. The Influence of the Diminutive Size 欧洲微观国家的宪法认同与大陆一体化机制。小尺寸的影响

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-07-27 DOI: 10.1515/icl-2019-0055

E. Bertolini

{"title":"The Constitutional Identity of European Micro States and the Continental Integration Mechanisms. The Influence of the Diminutive Size","authors":"E. Bertolini","doi":"10.1515/icl-2019-0055","DOIUrl":"https://doi.org/10.1515/icl-2019-0055","url":null,"abstract":"Abstract The article analyses the impact that the diminutive size of the four continental Europe micro states has upon their constitutional arrangements and their approach toward continental integration mechanisms. Generally speaking, the international commitment toward integration mechanisms is one of the distinguishing traits of micro states. It may seem a paradox, but actually the international dimension is much more strategic for micro than for macro states. However, being micro territorial enclaves demanded certain ability from the part of European micro states when managing foreign relations in order not to be swallowed by their macro neighbours. Therefore, they carried out for centuries a cautious policy of ‘guarded openness’, trying to strike a balance between the maintenance of their traditional institutions and the need to interact on a continental scale. Constitutional systems that at a first glance are unusual may be an obstacle to integration and thus have to be reformed. However, not too much, because otherwise the whole system may implode if deprived of its original constitutional balance. The protection of national tradition and identity is conservative, in the sense that it arises from the necessity of self-preservation, rather than from ideology. The article claims that the ambivalent approach of continental Europe micro states have when interacting with macro states within the Council of Europe and the EU directly derives from their diminutive size. Furthermore, the relevant role played by the diminutive size is proved by the fact that recently the EU adopted a specific micro states approach. Hence, the article also aims at investigating how they try to strike a balance between the commitment toward self-preservation – ie their constitutional identity – and the commitment toward continental integration mechanisms.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85407411","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 Five Models for State and Religion: Atheism, Theocracy, State Church, Multiculturalism, and Secularism 国家与宗教的五种模式:无神论、神权政治、国家教会、多元文化主义和世俗主义

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-06-01 DOI: 10.1515/icl-2018-0056

P. Cliteur, A. Ellian

引用次数: 0

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights 《寻找标准:欧洲人权法院判例法对法治的参考》

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-06-01 DOI: 10.1515/icl-2019-0040

Eszter Polgári

引用次数: 0

Judicial Review (Departmentalism) vs Supremacy: The Connection to a 17th Century Debate and a Dilemma for Today 司法审查(部门主义)与至高无上:与17世纪辩论的联系和今天的困境

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-06-01 DOI: 10.1515/icl-2019-0052

Boleslaw Z. Kabala

{"title":"Judicial Review (Departmentalism) vs Supremacy: The Connection to a 17th Century Debate and a Dilemma for Today","authors":"Boleslaw Z. Kabala","doi":"10.1515/icl-2019-0052","DOIUrl":"https://doi.org/10.1515/icl-2019-0052","url":null,"abstract":"Abstract Proponents of judicial supremacy argue that the interpretation of the Constitution by the Supreme Court is authoritative for the two other branches of government, while advocates of judicial review (or departmentalism) argue that authority to interpret the Constitution resides in each branch. Both sides offer historical examples in which their understanding prevailed. How to resolve this impasse? I argue that Hobbes and Spinoza can inform the debate. To do so, I first unpack the terms: what is the difference between judicial review or departmentalism and judicial supremacy? I then show that a renowned legal scholar, Larry Alexander, specifically invokes Hobbes in defense of judicial supremacy. For Alexander, the Supreme Court functions as a Hobbesian sovereign. Spinoza presents a clear alternative to the Hobbesian solution of avoiding a state of nature by concentrating power in a unitary sovereign, namely, via a strategy of diffusing power throughout society. But Spinoza’s solution is not yet a formal separation of powers. This conception of power can therefore clarify the assumptions made by advocates of both judicial review or departmentalism and judicial supremacy. I close by considering instances in American history when the application of departmentalist logic did not lead to a Hobbesian state of nature. And what are the lessons for today? I suggest that it is perhaps time to consider an analog to the Canadian/Israeli notwithstanding clause. But rather than adopting verbatim their legislative override, which effectively designates the legislative branch to be supreme, we could require two of the three independent and equal branches to decide contended constitutional questions. Such an American notwithstanding clause would respect the design of our federal government.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86040364","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

Frontmatter

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2020-06-01 DOI: 10.1515/icl-2020-frontmatter1

引用次数: 0

Dignity, Integrity, and the Concept of a Person 尊严、正直和人的概念

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-12-01 DOI: 10.1515/icl-2019-0015

Adeno Addis

{"title":"Dignity, Integrity, and the Concept of a Person","authors":"Adeno Addis","doi":"10.1515/icl-2019-0015","DOIUrl":"https://doi.org/10.1515/icl-2019-0015","url":null,"abstract":"Abstract The idea of human dignity, found in almost all legal and political cultures, now plays a very significant role in political and legal discourse. The concept occupies a prominent place in many national constitutions and international human rights conventions. Some constitutional and conventional laws in fact claim that the pursuit of dignity is (or should be) the central organizing principle of every government. Yet, it is not always clear what this seemingly central concept means or entails. Its popularity seems inversely related to its clarity. Dignity is often invoked in support of opposing positions on the same issue. Using an approach that the article refers to as dignity pragmatism, the author advances the argument that careful examination of the use of dignity in national constitutions and international human rights documents and their elaboration by the relevant tribunals shows that the idea of human dignity is often used in the context of defending the integrity of the person. Here integrity is defined as the condition of wholeness or completeness. The article details what the conditions for integrity are and how human dignity is invoked in its defense. On this account, dignity is an existential value. It is about personhood in its various dimensions – physical, psychological and social. When integrity as wholeness is threatened, existence itself is threatened. Viewed this way, indignity is the effacement of personhood.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81230631","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: 5

Frontmatter

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-12-01 DOI: 10.1515/icl-2019-frontmatter4

引用次数: 0

International(ized) Constitutional Court: Kosovo’s Transfer of Judicial Sovereignty 国际(化)宪法法院:科索沃司法主权的移交

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-12-01 DOI: 10.1515/icl-2019-0016

引用次数: 1