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This paper examines Kenya's 2010 constitution from the perspective of whether and how it can remedy problems of … political violence. It is argued that the constitution does entail some important changes, including reforms of the system of …
Persistent link: https://www.econbiz.de/10014177212
This Article is the first to systematically consider the Constitution’s identification, definition, and integration of … the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires … knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution …
Persistent link: https://www.econbiz.de/10014184789
Recent federal healthcare legislation mandated that every “applicable individual” maintain healthcare insurance, and imposed (in new Internal Revenue Code section 5000A(b)) a penalty to enforce that mandate. In a recent paper titled Constitutional Decapitation and Healthcare, published in...
Persistent link: https://www.econbiz.de/10014191398
Why do criminals use constitutions? This paper argues that constitutions perform three critical functions in criminal organizations. First, criminal constitutions promote consensus by creating common knowledge among criminals about what the organization expects of them and what they can expect...
Persistent link: https://www.econbiz.de/10014204770
democracy and discuss arguments for and against direct democratic elements in a constitution. Finally, important issues for … designing a constitution that includes direct participation rights for the citizens are taken up …
Persistent link: https://www.econbiz.de/10014152526
for their optimal use. A temporary constitution or constitutional provision, as this Article defines it, limits its own … constitutionalism. Temporary constitutions can reduce error costs associated with entrenching a norm in a durable constitution and …
Persistent link: https://www.econbiz.de/10014158462
According to Ronald Dworkin, majoritarian democracies like the Nordic ones are founded upon the notion that parliamentary majorities are elevated above the other branches of government and that such majorities should not be subject to judicial review. The emergence of a powerful supranational...
Persistent link: https://www.econbiz.de/10014139729
Sustainability, as compared to the rule of law, human rights, sovereignty or democracy, is a relatively new constitutional key concept. It is mentioned explicitly more and more in constitutional discourses, and – even more importantly – it helps to reconstruct a number of current...
Persistent link: https://www.econbiz.de/10014136468
Neoliberalism has a constitutional face. A congeries of pro-market and anti-regulatory doctrines adds up to a moralized view of economic and social life that systematically conceals power differences that arise from economic inequality. Part of a forthcoming special issue of Law and Contemporary...
Persistent link: https://www.econbiz.de/10014144863
invention of a modern existential concept of the political, where the violence of constitution was understood to be foundational …
Persistent link: https://www.econbiz.de/10014052474