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Predominantly a European phenomenon, the study of legal iconography has expanded to the common law world and informed approaches to Anglo-American legal development. European painting, sculptures, and other artwork were used in forensic settings to channel behavior of judges, lawyers, and...
Persistent link: https://www.econbiz.de/10012842740
The Philippines became independent in 1946 but its legal and constitutional framework was erected in the 1935 … Constitution. The 1987 Constitution did little to change these provisions in the midst of economic reforms that were undertaken to … constitution have played the role of iron economic laws because of their relative permanence in the legal framework. These …
Persistent link: https://www.econbiz.de/10003496900
Although democracy is today the most common form of government, the Law and Economics literature has neglected for a long time the role of social preferences in lawmaking. This article aims at capturing the endogenous process of lawmaking: in democracies, people partly determine the law they...
Persistent link: https://www.econbiz.de/10010466905
The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this...
Persistent link: https://www.econbiz.de/10011287742
Persistent link: https://www.econbiz.de/10011348581
In this paper we use novel historical data on economics and social rights from the constitutions of 201 countries and an instrument variable strategy to answer two important questions. First, do economic and social rights provisions in constitutions reduce poverty? Second, does the strength of...
Persistent link: https://www.econbiz.de/10010488146
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the...
Persistent link: https://www.econbiz.de/10012971812
The author argues that the Supreme Court has not fulfilled the expectations of marginalized groups that government action and inaction would be subject to Canadian Charter scrutiny. Instead it has perpetuated exclusion, disadvantage and discrimination against the poor. By exploring the few...
Persistent link: https://www.econbiz.de/10013035279
The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...
Persistent link: https://www.econbiz.de/10011643982
Persistent link: https://www.econbiz.de/10011802102