Showing 1 through 5 of 847 records. | 2. Banks, Christopher. and Aslan, Kursad. "Constitutional Processes & Institutional Change: A Comparison of the US and Iraqi Constitutions" Paper presented at the annual meeting of the ISA's 50th ANNUAL CONVENTION "EXPLORING THE PAST, ANTICIPATING THE FUTURE", New York Marriott Marquis, NEW YORK CITY, NY, USA, Feb 15, 2009 <Not Available>. 2009-11-24 <http://www.allacademic.com/meta/p313852_index.html>Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In divided societies, where the community-based societal fabric dominates politics, it is possible to oust one dictator, but it is impossible to soon establish a democratic leader. This paper aims to compare the U.S. constitution making process to the Ira |
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| 3. Barrett, Kathleen. "Constitutional Courts and International Human Rights Law: Why Do National Constitutional Courts Cite International Human Rights Law?" Paper presented at the annual meeting of the ISA's 50th ANNUAL CONVENTION "EXPLORING THE PAST, ANTICIPATING THE FUTURE", New York Marriott Marquis, NEW YORK CITY, NY, USA, Feb 15, 2009 Online <PDF>. 2009-11-24 <http://www.allacademic.com/meta/p314152_index.html>Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: National constitutional courts are charged with the interpretation and protection of the national constitution. In this role some constitutional court judges choose to adjudicate a national perspective, relying on national documents and values, while oth |
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| 4. Pech, Gerald. and Michalak, Katja. "Constitutional Design Versus Constitutional Reform in Emerging Democracies: Lessons for Post-Communist Transitions" Paper presented at the annual meeting of the ISA's 50th ANNUAL CONVENTION "EXPLORING THE PAST, ANTICIPATING THE FUTURE", New York Marriott Marquis, NEW YORK CITY, NY, USA, Feb 15, 2009 <Not Available>. 2009-11-24 <http://www.allacademic.com/meta/p312150_index.html>Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The experience of emerging democracies in the first wave of democratization in Central and Eastern Europe (CEE) has been largely with newly designed constitutions, which were to some extent imported or heavily influenced by constitutions of developed demo |
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| 5. Fernández, Albert. "Constitutionalism of the XXI Century: Features and Differences with Classic Constitutional Theory" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-11-24 <http://www.allacademic.com/meta/p236216_index.html>Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Although the interest in constitutions has surprisingly decreased in North America and European societies after some outstanding constitutional moments – following the Second World War or the end of authoritarian regimes – the same interest in Latin America has grown bigger, contrary to all expectations. This phenomenon occurred in parallel with an enhanced awareness of the exploitation suffered by citizens and the evidence of the limited identity of interests between political representatives and the represented mass.
Constitutional processes taking place in Latin America lately show how the very concept of Constitution, and more, of constitutionalism, have been strengthened.
In this paper I present three key features in order to better grasp the constitutional reality of this historical moment:
a) Firstly, constitutionalism in force in most of the Western Countries, let’s call it constitutionalism of the well-being, has not been able to cope with the weakening of the Social State and answer properly the many requests of current societies;
b) Secondly, beside the constitutionalism of the well-being, a new constitutionalism, let’s call it the constitutionalism of discomfort, is developing in Latin America: a new constitutionalism willing to take back its role of guardian of the citizens’ interests and protect them from the possible arbitrariness of the rulers;
c) Thirdly, and finally, the new Latin American constitutionalism is creating its own and recognizable constitutional style, one that, in many occasions, shows significant differences with what is considered as correct in classic constitutional theory. |
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