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Full-Text Articles in Law
Constitutionalism Today: The Prospects Of The European Constituional Community, Susanne Baer, Kriszta Kovacs, Maya Vogel
Constitutionalism Today: The Prospects Of The European Constituional Community, Susanne Baer, Kriszta Kovacs, Maya Vogel
Book Chapters
In the late 1940s a consensus emerged: a post-World War II, post-colonial, post-authoritarian, grand consensus in Europe and beyond. Dignity, liberty, and equality should not merely be promises on paper or an elitist privilege for the few, and representative democracy should be the way to run societies. This consensus certainly gave birth to a variety of legal regimes, but it also defined a baseline for the political systems we call constitutional democracies: first, power should be distributed to parliament and representative government via fair elections that ensure equal voting rights and a realistic option of a peaceful change of government …
Discretion And Rules: A Lawyer's View, Carl E. Scheider
Discretion And Rules: A Lawyer's View, Carl E. Scheider
Book Chapters
In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …