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... theme of constitutional democracies: the tension between political self-determination and constitutional adjudication. On the other hand, I assume that judicial activism in the German Länder depends on ...
... is either virtually plenary or virtually nugatory. I explore part of the vast middle ground. I assume as true Justice Scalia’s key argument in Bond v. United States, that implementing a treaty cannot be ...
3. Which Governments Come Out Ahead?
(William M. Myers and Davia Cox Downey/Essay)
Party capability theory assumes that governments, due to their immense resources and status as repeat players, hold a great advantage over individuals and organizations pursuing litigation in courts. Less ...
... “Orientalist” mask of Asia, defining an identity that assumes a singular inclination that could be defined as a difficult and problematic effort towards a “decolonial” option. ...
... what? This paper argues that the principle of subsidiarity is one of the key components of a system of multilevel governance. Subsidiarity is commonly assumed to require power to reside ‘as close to those ...
... then contends that for national courts to assume responsibility in the development of the European legal order, extra-judicial interaction is necessary. It describes the contribution of judicial networks ...
... the quality of democracy and the efficiency of public decision-making. It is necessary to assume that governments cannot face these complex transformations without taking into account all voices and interests. ...
... in the field of public law or political science or of proven experience in participatory methodologies and practices. Public debate assumes the form of an articulated discussion on major measures with ...
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