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This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is...
Persistent link: https://www.econbiz.de/10011861387
Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to...
Persistent link: https://www.econbiz.de/10011373896
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This Essay examines the forces pushing the presently varying forms of domestic constitutional law toward each other, and the sources of and forms of resistance to that globalization (or convergence, or harmonization). After a brief introduction sketching claims for the existence of a "post-war...
Persistent link: https://www.econbiz.de/10014211915
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The year 2019 for the Iran jurisdiction, in a nutshell, was a year characterized by intense polarization, with a deterioration of recent critical developments in the jurisdiction. In 2019, the two fundamental characteristics of the Constitution, Islamic and Republican, representing the...
Persistent link: https://www.econbiz.de/10013248211
A wise man once said: ‘Just when you think things cannot get any worse, they will.’ The year 2019 was such a dramatic year for Turkey. The agenda was as loaded as ever. In early 2019, the stinging defeat of the ruling Justice and Development Party (AKP) in the municipal elections made...
Persistent link: https://www.econbiz.de/10013237342
Vorbild der Bundesrepublik Deutschland bilden würde, in dem das Grundgesetz analog für alle Menschen und Länder Geltung hätte …. Grundgesetz und Organisation der Bundesrepublik Deutschland sind natürlich weder dafür gedacht noch optimal dafür geeignet, alle …
Persistent link: https://www.econbiz.de/10011301968
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More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it...
Persistent link: https://www.econbiz.de/10010286714