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Full-Text Articles in Law
Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin
Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin
Craig Martin
There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …
Free Speech And Holocaust Denial, Russell L. Weaver
Free Speech And Holocaust Denial, Russell L. Weaver
Russell L. Weaver
Divided By A Common Legal Tradition, Intisar Rabb Phd
Divided By A Common Legal Tradition, Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Daniel H. Erskine
This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …
The Trial Of Queen Caroline And The Impeachment Of President Clinton: Law As A Weapon For Political Reform, Daniel H. Erskine
The Trial Of Queen Caroline And The Impeachment Of President Clinton: Law As A Weapon For Political Reform, Daniel H. Erskine
Daniel H. Erskine
This article explores the calculated use of legal mechanisms to impact national politics and the effect such utilization had on accomplishing deliberate political reform. In answering why political actors use legal procedures as political weapons and whether such use is effective, this paper analyzes two historical examples to illustrate that law as political weapon is extremely successful in accomplishing political change. In the early 1800’s, England’s King sought to defrock his politically radical heroine Queen Caroline through the parliamentary mechanism of a Bill of Pains and Penalties, which caused a flourish of public criticism and call for political revolution. Public …
Case Note On Supreme Court Of Cyprus (2007), Toumaian Christodoulidou V. Toumaian (2007) 1 Α.Α.Δ. 1024 [In Greek], Nikitas E. Hatzimihail
Case Note On Supreme Court Of Cyprus (2007), Toumaian Christodoulidou V. Toumaian (2007) 1 Α.Α.Δ. 1024 [In Greek], Nikitas E. Hatzimihail
Nikitas E Hatzimihail
The note makes the statement that the Family Courts of Cyprus have been gradually transformed, from tribunal to court, since their establishment in 1990, by means of the legislative reforms and the evolution of case law in the past two decades. Having been launched as tribunals, in replacement of the ecclesiastical jurisdiction over divorce cases of the Greek Orthodox Community, they presently stand as superior courts of limited jurisdiction (courts of justice), with power and specialization over all matters of family law. As a consequence, ratione personae exceptions to their jurisdiction (notably with regard to members of the three acknowledged …
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Избирательные Системы Стран Ближнего Востока: Сравнительный Анализ, Leonid G. Berlyavskiy
Избирательные Системы Стран Ближнего Востока: Сравнительный Анализ, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Избирательное Право Итальянской Республики И Федеративной Республики Германии: Сравнительный Анализ, Leonid G. Berlyavskiy
Избирательное Право Итальянской Республики И Федеративной Республики Германии: Сравнительный Анализ, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy