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If the point of constitutionalism is to define the legal framework within which collective self-government can legitimately take place, constitutionalism has to take a cosmopolitan turn. Contrary to widely made implicit assumptions in constitutional theory and practice, national constitutional...
Persistent link: https://www.econbiz.de/10013074682
The principle of proportionality has become a central structural feature of rights adjudication in liberal democracies worldwide. One of the most pressing issues such a practice raises is institutional: What reasons are there to believe that courts are better positioned institutionally then...
Persistent link: https://www.econbiz.de/10014209998