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Constitutional Duties
Constitutional duties are a natural counterpart to constitutional rights. They are found in all the major human rights conventions and in almost all...
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Constitutional Justice in Ukraine
The entry is focused on the interaction between the Ukrainian courts of general jurisdiction and the Constitutional Court of Ukraine in the area of...
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Decolonising the understanding of constitutional developments in Chile: A conversation with Arnulf Becker Lorca
Since late 2020, Chile has been at the centre of a grip** theoretical debate over the form Latin American postcolonial constitutions should take,...
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Three Conceptions of Constitutional Legitimacy
The question of what makes a constitution legitimate is often answered by reference to the notion of popular sovereignty. But this reference is open...
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Framing Constitutional Democracy: The Anglo-American Experience
Starting with this chapter, the book moves to the analysis of contemporary constitutional law in the Western World. The Second World War represented,...
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Constitutional Recognition of Customary International Law in Bangladesh
Since the colossal growth of international law and practices in the 1950s, its principles have increasingly become a relevant consideration in...
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Scotland’s Constitutional Odyssey
Scotland’s position within the United Kingdom is contested, especially since devolution in 1999. For some, the UK remains a unitary state, which has...
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Territorialising the Extraterritorial: The Role of ‘Suppression’ Conventions
This chapter traces two jurisdictional developments in ‘suppression’ conventions. The first considers how these instruments grew to require states to...
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Behavioral Constitutional Economics
There are sound behavioral justifications for widely respected constitutional principles such as separation of powers, bicameralism, and free speech,...
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Human Rights as Foundation of Transnational Constitutionalism? How to Respond to “Constitutional Implementation Deficits”
Rainer Hofmann and I shared the enlightening experience of having written our ‘habilitation books’ under the supervision of Professor Rudolf...
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The Constitutional Value of the Guarantee Clause
The Constitutions of the United States, Australia, and India were drafted after a period of internal violence. From a historical perspective, the...
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The Different Paths of Western Constitutional Law in the Nineteenth Century
In this chapter, I analyze the development of constitutional law in the nineteenth century, examining the legal and political institutions of the...
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Introduction: Map** the Emerging Field of Constitutional Advice
The topic of the current volume of the Yearbook is constitutional advice. This topic has been relatively underexplored by legal scholarship, much...
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Effectiveness as Threat to Constitutional Systems
There are facts which are understood thanks to their application since “application remains a criterion of understanding.” However, constitutional...
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Penal Populism As a Threat to Constitutional Values and Human Rights
Contemporary criminal law is dynamically changing toward risk management. Some authors predict that a contrology will emerge in place of criminology....
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Towards a Constitutional Law Framework for Foreign Direct Investments and Intellectual Property Rights Reform: The Case of Bangladesh
When Bangladesh is moving towards a smooth transition from a least developed country to a develo** country and aims to accomplish the global target...
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Bargaining in Philadelphia: Constitutional Games, Rational Law-Making, and Originalism
This article explores a possible bargaining-based account of the U.S. Constitution and its impact on intention-based originalism. I argue that the...
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Do We Need Constitutional Advice? Denmark—The Story of a Self-Sufficient Political System
Scandinavian legal culture is known for its scepticism towards granting courts too much political power at the expense of the legislature. There are...
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Constitutional Evidence
This article aims to show how knowledge about facts is decisive in the judicial review. In order to do this, it uses the category of legislative...