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Constitutional Avoidance in Social Rights Adjudication
Ahmed, Farrah - 2018
In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. We argue that while King's presciptions are justified, he is too cautious about the applicability of his incrementalist prescriptions to legal systems that...
Persistent link: https://www.econbiz.de/10012937544
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International Economic Criminal Law
Ambos, Kai - 2020
This inquiry explores the question of transnational companies' criminal liability for international crimes, reviewing the current state of research in the field of international economic criminal law, a discipline that hitherto has received only scant analysis. Following some preliminary...
Persistent link: https://www.econbiz.de/10012851229
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Civil liberties under the constitution
Abernathy, Mabra Glenn - 1968
Persistent link: https://www.econbiz.de/10000568228
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Gödel’s Loophole
Guerra-Pujol, F. E. - 2013
The mathematician and philosopher Kurt Gödel reportedly discovered a deep logical contradiction in the US Constitution …” in the Constitution that qualifies as a “Gödelian” design defect. In summary, Gödel's loophole is that the amendment … direction (i.e., through an “anti-entrenchment” amendment making it easier to amend the Constitution). Lastly, the Gödelian …
Persistent link: https://www.econbiz.de/10013091542
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Loopholes
Chung, Kim-sau; Fortnow, Lance - In: The economic journal : the journal of the Royal … 126 (2016) 595, pp. 1774-1797
Persistent link: https://www.econbiz.de/10011627046
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EU Values and Constitutional Pluralism : The EU System of Fundamental Rights Protection
Lenaerts, Koen - 2015
This article seeks to explore whether the EU system of fundamental rights protection allows room for constitutional pluralism. By looking at recent developments in the case law of the Court of Justice of the European Union (the Court of Justice), it is submitted that the Court has answered that...
Persistent link: https://www.econbiz.de/10013013467
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The law’s majestic equality? : the distributive impact of litigating social and economic rights
Brinks, Daniel M.; Gauri, Varun - 2011
Persistent link: https://www.econbiz.de/10009541515
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The Law's Majestic Equality? : The Distributive Impact of Litigating Social and Economic Rights
Brinks, Daniel M. - 2012
Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same....
Persistent link: https://www.econbiz.de/10011395286
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The Law???s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
Brinks, Daniel M.; Gauri, Varun - 2012
Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same....
Persistent link: https://www.econbiz.de/10012551020
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The Law's Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
Brinks, Daniel M. - 2017
Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same....
Persistent link: https://www.econbiz.de/10012975352