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Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...
Persistent link: https://www.econbiz.de/10013083324
certain words in its constitution? We tried to empirically measure the effect of constitutions –if any– on the … quantitative aspects of the constitution and the institutional and socioeconomic well-being of the country; and that new … constitutions, over time, tend to be more extensive, with more articles and words. We now know, from a qualitative analysis, that …
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How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to ‘the governance gaps created by globalization (which) provide the permissive environment for wrongful acts by...
Persistent link: https://www.econbiz.de/10014212696
Considering constitutional judicial review of policy, the power of courts to annul legislation, as a political insurance mechanism to protect against losses from adverse election outcomes, the paper analyzes three questions: First, under what circumstances a political ruler, who wins an election...
Persistent link: https://www.econbiz.de/10013158909
This article explores the implications of the Supreme Court's Stern v. Marshall decision, both from an “internal” bankruptcy perspective and in the context of the Court's still-evolving general jurisprudence of non-Article III adjudications. The article concludes that the decision is best...
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-model of Constitutional review. When the Austrian Constitution was enacted in 1920, however, it should be supplemented by an …
Persistent link: https://www.econbiz.de/10014177028
The primary purpose of this Article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the counter-majoritarian role traditionally recognized in constitutional theory, two other roles: representative and,...
Persistent link: https://www.econbiz.de/10014117306