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Indigenous governments in Canada are increasingly authorized to adopt laws that convert communally held lands to individual fee simple. They will convert title to fee simple in order to obtain the economic benefits commonly associated with private ownership and its securitization. However,...
Persistent link: https://www.econbiz.de/10013045103
“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. JohnsonThis article argues that education is a fundamental...
Persistent link: https://www.econbiz.de/10013107323
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
Persistent link: https://www.econbiz.de/10012962648
the deeper consequences which the Act signifies for four dimensions of the constitution: the rule of law and legal … certainty, parliamentary supremacy, the relationship between Parliament and government, and the UK's territorial constitution …
Persistent link: https://www.econbiz.de/10012910818
Notwithstanding the ordoliberal theories and the theories critical of a world ‘economic constitution', globalization … has not produced a unitary economic constitution, but a fragmented constitution of collisions: ie a metaconstitution of … alternative (developed for national States by Franz Böhm and Hugo Sinzheimer) between an ordoliberal economic constitution and a …
Persistent link: https://www.econbiz.de/10012931061
Geoffrey Palmer and Dr Andrew Butler’s new book, A Constitution for Aotearoa New Zealand, and discusses the shortcomings of New … Zealand’s unwritten constitution …
Persistent link: https://www.econbiz.de/10013291630
June Medical Services L.L.C. v. Russo has already begun gaining a certain reputation as a Trojan Horse: in form, a pro-choice ruling that overturns a Louisiana anti-abortion measure, but in substance, an anti-choice, pro-life decision that sets the stage for future reversals of the Supreme...
Persistent link: https://www.econbiz.de/10013244531
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 …. These economic views permeate the Constitution and are not manifest only in odd clauses. The Framers designed many features …
Persistent link: https://www.econbiz.de/10014160829