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. -- proportionality ; comparative law ; Germany ; Uncertainty ; margin of appreciation ; constitutional law ; Canada ; South Africa …. This contribution has a twofold aim. First, it tries to show that legal reasoning in constitutional law is often based on … argument, I will discuss decisions of different jurisdictions, including the United States, Canada, Germany and South Africa …
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This paper examines the foundations of the Italian Constitutional Court's authority by comparing it with that of the German Federal Constitutional Court. In comparison to the German Court, la Corte had to build its authority on a particularly weak legal basis. However, it succeeded in developing...
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