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European Convention on Human Rights and National Constitutional Orders
The extent to which the national constitutional jurisdictions of the Council of Europe member states implement and strive for harmony with the case...
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Framing Constitutional Democracy: The European Experience
The tragic events of the Second World War determined a profound reconsideration of the traditional tenets of European constitutionalism in Western...
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Secession Through Constitutional Reform? A Comparative Study
Starting from a general common point such as the lack of formal recognition of the right to self-determination in comparative constitutionalism, this...
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Still on Constitutional Courts at the Rescue of Their Mandate: The Puzzling Spanish Case
The recent Decision 89/2022 of the Spanish Tribunal Constitucional (SCC) on the right to be forgotten is a welcome occasion to revisit the abundantly...
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Constitutional Advice and Signals in the Netherlands: Actors and Impact
Many issues do raise fundamental questions about the constitutionality of (non)-intervention from the executive and the legislator. In most cases, it...
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An American Jurist in London: Bruce Ackerman’s Proposals for Constitutional Reform in the UK Versus Bruce Ackerman’s Constitutional Theory
The American constitutional theorist Bruce Ackerman has recently suggested that the UK Parliament should call a constitutional convention to draft a...
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Substantive Dimension of European Union Law in Spanish Constitutional Court
The aim of this essay itself is to verify how the substantive dimension of European Union (EU) law is being integrated and, specifically, how the EU...
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Constitutional Design and the Realisation of Human Rights in Botswana: Challenges and Prospects
Botswana has been hailed as an epitome of good governance and human rights observance in Africa by the international community. The country is...
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Formal and Informal Constitutional Amendment
The constitutional search for greater justice is the animating principle that guides or should guide constitutional amendment and constitutional...
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Constitutional Law and the Comparative Method
The first section of this entry addresses the general topic of comparison in the field of constitutional law; then, the second section deals with...
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Advising on Constitutional Matters in a Mixed Legal System: The Example of Cyprus
This chapter describes and assesses the procedures, norms and practices pertaining to constitutional advice in Cyprus. The chapter also examines the...
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Translation Approaches in Constitutional Hermeneutics
In this article, we suggest an alternate approach to interpreting the US Constitution, using founding-era translations. We demonstrate how both...
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Understanding the Dilemma of Constitutional Advice in Transitional Societies: A Comparative Analysis of Ghana and Colombia
Constitutionalism in transitional societies entail a range of issues, including how to address past human rights violations, amend repressive laws...
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Philosophy of Law and Constitutional Law
The emergence and progressive deployment of modern constitutions brought important and significant changes in the legal systems of the States, in...
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Judicial Protection of Fundamental Rights
The implementation and enforcement of fundamental rights through judicial protection, national individual complaints procedures, non-judicial...
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Structure of Fundamental Rights Catalogues
If one asks the question, why “Writing Constitutions Vol II” is called “Fundamental Rights” and not “Human Rights” the answer is found in this...
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Automated Care-Taking and the Constitutional Rights of the Patient in an Aging Population
Social Robots represent a broad spectrum of AI-basedAI- based technologies in care robotic applications that could be largely deployed in the care of...
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Rights of Children, the Elderly and Persons with Differing Abilities
The Convention on the Rights of the Child (CRC) is one of the few international conventions on children’s rights that has been signed by almost all...
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Limitation and Derogation of Fundamental Rights
Legislators can limit fundamental rights in different ways: While only some fundamental rights in human rights texts are guaranteed as absolute...
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Rhetoric and Constitution
The aim of this entry is to show the capacity of the Constitution to generate the backbones on which our communities are built, not only in the...