scholarly journals The Juridical Coup d'État and the Problem of Authority

2007 ◽  
Vol 8 (10) ◽  
pp. 915-927 ◽  
Author(s):  
Alec Stone Sweet
Keyword(s):  
Constitutional Law ◽  
Legal Systems ◽  
Coup D'etat ◽  
Work In Progress ◽  
Working Paper ◽  
Scholarly Discourse ◽  
Comparative Inquiry

This essay is a true working paper, a work-in-progress that raises a set of questions that I am not yet sure how to answer. The questions are not unknown; indeed, they lurk in the shadows of scholarly discourse on the three systems I will examine. They are, however, often ignored in research and commentary on the constitutional law, and they have never been the focus of comparative inquiry. I nonetheless will argue that the answers one gives to them will bear directly on how we should understand the nature, evolution, and political (i.e., normative) legitimacy of legal systems.

scholarly journals La protección del menor desde un enfoque del Derecho Constitucional

2011 ◽  
Author(s):  
Cayetano Núñez Rivero ◽  
Adolfo Alonso Carbajal
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Constitutional Law ◽  
Legal Systems ◽  
Spanish Law ◽  
Derechos Humanos ◽  
American Muslim

Sobre la protección del menor, se incide en un enfoque propio del Derecho Constitucional, a partir de las declaraciones de los derechos humanos, tanto del ámbito europeo, latinoamericano, musulmán, como de carácter global. A este respecto, se analiza la legislación española y los principios inspiradores de la misma. Se estudian igualmente los conflictos surgidos cuando tales derechos se enfrentan a otros sistemas legales de origen musulmán, que tienen su fundamento en materia de familia en sistemas canónicos jurídicos definidos por el Quaram, los Haddit, o dichos del profeta, la Umma, o decisiones de la asamblea de los creyentes, y los dictámenes de los juristas, organizados en escuelas diferentes, que configuran la Sharia.On the protection of minors, affects its own approach to constitutional law, from the declarations of human rights, both European, Latin American, Muslim, and global in nature. In this regard, discusses about Spanish law and the principles thereof. They also discussed the conflicts where such rights are facing other legal systems of Muslim origin, which are based on family legal systems defined canonical Quaram, the Haddit, or sayings of the prophet, the Umma, or decisions the assembly of believers, and the opinions of jurists, organized in different schools, which make up the Sharia.

Human Rights

2005 ◽  
Author(s):  
Keith Ewing
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Legal Systems ◽  
International Treaties ◽  
Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

The ‘Equivalent Protection Test’: From European Union to United Nations, from Solange II to Solange I

2014 ◽  
Vol 10 (2) ◽  
pp. 226-262
Author(s):  
Sébastien Platon
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Nations ◽  
Constitutional Law ◽  
German Law ◽  
European Convention ◽  
Legal Systems ◽  
French Law

Human rights – European Convention on Human Rights – European Union – United Nations – Smart sanctions – Constitutional law – French law – German law – Conflicts between legal systems – Equivalent protection – Solange

The Possibility of Constitutional Theory

2017 ◽  
Author(s):  
Dimitrios Kyritsis
Keyword(s):  
Constitutional Law ◽  
Legal Positivism ◽  
Political Regime ◽  
Constitutional Theory ◽  
Legal Systems ◽  
Moral Question ◽  
Political Morality ◽  
Government Power ◽  
History Of ◽  
State Coercion

This chapter sets out the main tenets of moralized constitutional theory, which supplies the methodology of the book. According to moralized constitutional theory the purpose of constitutional law is to buttress the legitimacy of a political regime by furnishing standing assurances that government power will be used properly. Although moralized constitutional theory maintains that contentious constitutional law issues are ultimately determined by principles of political morality, it is compatible with both legal positivism and anti-positivism. Moreover, it does not ignore either the history of different legal systems or considerations of political exigency to which constitutions are also sensitive. But it insists that the overarching reason history and political exigency matter is a moral one. Nor does moralized constitutional theory block reform. It is only meant to answer the pressing moral question under what conditions state coercion is warranted here and now.

The Real Standard Picture, and How Facts Make It Law: a Response to Mark Greenberg

2019 ◽  
Author(s):  
Jeffrey Goldsworthy
Keyword(s):  
Constitutional Law ◽  
Communication Theory ◽  
Legal Positivism ◽  
Legal Systems ◽  
The Real ◽  
Legal Principles ◽  
Impact Theory ◽  
Standard Picture ◽  
Anglo American ◽  
Theory Of Law

Abstract Mark Greenberg has attempted to refute what he regards as a popular metaphysical thesis about how law is constituted. He calls it the “Standard Picture,” and it includes a “Communication Theory.” His own “Moral Impact Theory” of law is built partly on that attempted refutation. I defend positions that are very close to the Standard Picture and Communication Theory, albeit different in important respects. In particular, they are not primarily metaphysical theses, although they have metaphysical implications. They are actual fundamental doctrines of constitutional law in Anglo-American legal systems, which I call Legislative Supremacy and Legislative Intention. I argue that: (a) these doctrines, and their metaphysical implications, vindicate much of the Standard Picture, and explain why so many theorists have been attracted to it; (b) the doctrines are inconsistent with Greenberg’s Moral Impact Theory; and (c) the best theory of what makes them part of the law is legal positivism: in other words, facts about legal practices make them law. In arguing for (a) and (b), I examine in detail and respond to Greenberg’s account of the legal principles and practice of statutory interpretation. I distinguish between three kinds of interpretation: clarifying, supplementing and rectifying. In arguing for (c), I contend that legal positivism satisfies Greenberg’s (questionable) insistence that any metaphysical account of what constitutes law must satisfy a “rationality requirement.”

Constitutional Mobilisation in China

2017 ◽  
Vol 14 (3) ◽  
pp. 335-352
Author(s):  
Bui Ngoc Son
Keyword(s):  
Constitutional Law ◽  
Social Dynamics ◽  
Institutional Settings ◽  
The Social ◽  
Global Constitutionalism ◽  
Social Mobilisation ◽  
Convergence And Divergence ◽  
Comparative Inquiry ◽  
The Impact ◽  
Constitution Making

AbstractThis paper examines recent constitutional mobilisation in China, embodied in the weiquan (right defence) movement, Charter 08 and the 2013 constitutionalism debate. It contrasts Chinese and Vietnamese experience of constitutional mobilisation. This paper argues that constitutional mobilisation in China presents both convergence and divergence with those in Vietnam. The convergence stems from domestic dynamics, the impact of globalisation and the shared features of socialist/communist institutional settings. The divergence is due to Chinese constitutional exceptionalism and Vietnam's instrumentalist approach to global constitutionalism. Particularly, without necessary constitutional opportunity created by the constitution-making process, constitutional mobilisation in China has not created a national constitutional dialogue as has happened in Vietnam. This paper draws attention to the new function of socialist constitutions as a frame for social mobilisation and has general implications for the comparative inquiry into the social dynamics of constitutional law.

Differences in Legal Systems

2018 ◽  
Author(s):  
Kent Greenawalt
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
Legal Systems

This chapter examines how techniques of interpretation may differ among different legal systems. There are at least three basic lessons from this examination. The first, and most obvious, is that to some degree forms of interpretation are related to the basic nature of the system. This is most apparent for constitutional law. How courts handle forms of interpretation can depend on how the constitution was adopted, what significance it is assumed to have, and how easy it is to amend. The second lesson is whether things that seem difficult or misguided in one system are also to be found within others. Related to this possibility is a third matter. Grasping what is done in other countries may help one to understand how what takes place in the United States can be improved.

The Treatment of Hate Speech in German Constitutional Law (Part I)

2002 ◽  
Vol 3 (12) ◽  
Author(s):  
Winfried Brugger
Keyword(s):  
Constitutional Law ◽  
Hate Speech ◽  
Legal Systems ◽  
Constitutional Protection ◽  
German Constitutional Law ◽  
The Way

The way legal systems should deal with hate speech is a contested matter. The term “hate speech” itself suggests that it is a form of speech, and speech is generally protected in liberal states. However, this “speech” is either motivated by hatred or expresses hate, and such communication might not rise to the level of discourse that merits constitutional protection at all.

Disaggregate income and wealth effects on private consumption in Greece

2021 ◽  
Author(s):  
Dimitrios Sideris ◽  
Georgia Pavlou
Keyword(s):  
Private Consumption ◽  
Wealth Effects ◽  
Electronic Format ◽  
Research Papers ◽  
High Quality ◽  
Work In Progress ◽  
Working Paper ◽  
Areas Of Interest

The Working Paper Series disseminates research papers of high quality and often of a more technical nature relevant to the various areas of interest to the Bank.They constitute "work in progress" and are published to stimulate discussion and contribute to the advancement of knowledge of economic matters. They are addressed to experts, so readers should be knowledgeable in economics.Working Papers are available in electronic format only (pdf).

scholarly journals A Comparative Inquiry Into The Legal Regime Of Mortis Causa Donations In Some Continental-European And Common Law Legal Systems

2015 ◽  
Vol 21 (2) ◽  
pp. 418-423
Author(s):  
Codrin Codrea
Keyword(s):  
Common Law ◽  
The Other ◽  
Legal Systems ◽  
Legal Regime ◽  
The Status ◽  
History Of ◽  
The Common ◽  
Comparative Inquiry ◽  
Made In ◽  
Comparative Manner

Abstract The mortis causa donation is a particular form of donation, made in the anticipation of death. Its regime was subjected to particular different norms in some continental-European legal systems, such as the French and the Romanian ones, and in some common law legal systems, such as the English and the American ones. This article investigates in a comparative manner the different legal solutions regarding the status of mortis causa donations in French and Romanian legal systems, on one hand, and in the English and American legal systems, on the other. Although in the history of French law the donation mortis causa was recognized under the customary norms of the ancien droit, contemporary continental-European legal systems do not recognize an intermediary gratuitous act between testamentary provisions and donation contracts, while in the common law legal systems the mortis causa donation is recognized as a particular form of gratuitous transfer, but it has different legal effects in English and American legal systems.

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