Showing 31 - 40 of 431
Legal equality is a particularly troublesome ideal: it is at the same time non-negotiable(occupying a position lexically prior to other legal ideals shared by its proponents) and fundamentally ambiguous. The principal task for a theory of equality is to design a test fornon-discriminatory...
Persistent link: https://www.econbiz.de/10005029602
Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the paper I prepare the ground for the discussion of legitimacy of democratic laws by considering the...
Persistent link: https://www.econbiz.de/10005029630
This paper claims that the intuitive and widespread legitimating power of majority rule (MR)arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring puzzles indemocratic theory, such as the...
Persistent link: https://www.econbiz.de/10005029632
The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number of Member States and that of the case-load, but also from the demise of a...
Persistent link: https://www.econbiz.de/10005754878
The leading discourse about luck egalitarianism has been informed by the distinction between equality of welfare and equality of resources. This paper attempts to illuminate its significance by focusing on the status of individual preferences (in particular, preferences which are particularly...
Persistent link: https://www.econbiz.de/10014052386
The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number of Contracting States and that of the case-load, but also from the demise...
Persistent link: https://www.econbiz.de/10013151053
Constitutional judicial review in Central and Eastern Europe became an entrenched and powerful factor in the politics and constitutional life of these countries; indeed, it would be impossible to give even a rough account of these new democracies without bringing constitutional courts into the...
Persistent link: https://www.econbiz.de/10013159994
Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the...
Persistent link: https://www.econbiz.de/10012717414
Legal equality is a particularly troublesome ideal: it is at the same time non-negotiable (occupying a position lexically prior to other legal ideals shared by its proponents) and fundamentally ambiguous. The principal task for a theory of equality is to design a test for non-discriminatory...
Persistent link: https://www.econbiz.de/10012734049
Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the...
Persistent link: https://www.econbiz.de/10012731447