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Purpose - The paper attempts at introducing the main differences in Islamic and Christian human rights thought. Design/methodology/approach – The paper uses the Old and New Testament, the Qur’an and the European Convention on Human Rights as ideological-theoretical framework with the aim to...
Persistent link: https://www.econbiz.de/10014174841
Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic...
Persistent link: https://www.econbiz.de/10014160829
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The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...
Persistent link: https://www.econbiz.de/10013070120
In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...
Persistent link: https://www.econbiz.de/10012958724
The European Union (Withdrawal) Act 2018 forms the centrepiece of the UK's domestic legal preparations for its departure from the European Union. The Act aims to capture and domesticate large swathes of EU law so as to safeguard legal continuity upon Brexit. This paper examines the process by...
Persistent link: https://www.econbiz.de/10012910818
The Constitution of Tonga, 132 years old in 2007 -- indeed one of the world's oldest extant constitutions -- has recently, for the first time in history, been subjected to significant scrutiny by the people who live under it. The review process has also canvassed the views of the thousands of...
Persistent link: https://www.econbiz.de/10012764752
The European “backyard of rights” is enlarging and Member States face a new period of acknowledgment of human rights. The guarantee of the new rights occurs both through national legislation and through the jurisprudence of international or supranational courts. The European Court of Human...
Persistent link: https://www.econbiz.de/10012991408