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Legal Constitutionalism and the Ius/Lex Distinction
In: Revus. Journal for constitutional theory and philosophy of law, 2023
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International Legal Constitutionalism, Legal Forms, and the Need for Villains
In: in A. Lang and A. Weiner (eds) Handbook on Global Constitutionalism (Forthcoming, Edward Elgar, 2017)
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The constitution of freedom: an introduction to legal constitutionalism
Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism
World Affairs Online
Attacks on the Judiciary: Undercurrents of a Political versus Legal Constitutionalism Dilemma?
A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in the legislature and executive's reaction to judicial review decisions is that government supremacy is under threat from legal constitutionalism. More specifically, there is a perception that courts are meddling in the political space through judgments that are aimed at weakening the government's authority and power. Nonetheless, such decisions have had an effect of reinforcing the judiciary's legal constitutional role of reviewing the lawfulness of the other branches' activities. There is need for strategies to minimize this tension as the continued antagonism can have unintended consequences such as the delegitimisation of the judiciary
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Attacks on the Judiciary: Undercurrents of a Political Versus Legal Constitutionalism Dilemma?
In: Potchefstroom Electronic Law Journal, Band 21
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Attacks on the Judiciary: Undercurrents of a Political versus Legal Constitutionalism Dilemma?
A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in the legislature and executive's reaction to judicial review decisions is that government supremacy is under threat from legal constitutionalism. More specifically, there is a perception that courts are meddling in the political space through judgments that are aimed at weakening the government's authority and power. Nonetheless, such decisions have had an effect of reinforcing the judiciary's legal constitutional role of reviewing the lawfulness of the other branches' activities. There is need for strategies to minimize this tension as the continued antagonism can have unintended consequences such as the delegitimisation of the judiciary.Keywords: Judicialisation; political constitutionalism; legal constitutionalism; judiciary; executive; constitution; government; politicisation.
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Recovering Classical Legal Constitutionalism: A Critique of Professor Vermeule's New Theory
In: Notre Dame Law Review, Band 81, S. 403
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Giuspubblicismo inglese e concezione costituzionalista del diritto (Legal Constitutionalism in English Public Law)
In: Diritto e Questioni Pubbliche, Band 16, S. 39-53
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Foreword: Unwritten Constitutional Principles: The Challenge of Reconciling Political and Legal Constitutionalisms
In: McGill Law Journal, Band 65, Heft 2
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The Limits of Lord Sumption: Limited Legal Constitutionalism and the Political Form of the ECHR
In: Nicholas Barber, Richard Ekins, Paul Yowell (eds), Lord Sumption and the Limits of the Law, Oxford: Hart, 2016, Ch. 11, pp. 193-212
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Politicising human rights in Europe: Challenges to legal constitutionalism from the Left and the Right
In: International journal of human rights, Band 20, Heft 8, S. 1295-1308
ISSN: 1744-053X
Politicising human rights in Europe: Challenges to legal constitutionalism from the Left and the Right
In: International journal of human rights, S. 1-14
ISSN: 1364-2987
Politicising human rights in Europe: Challenges to legal constitutionalism from the Left and the Right
In: International journal of human rights, Band 20, Heft 8, S. 1295-1308
ISSN: 1364-2987