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A Common Law System in a Socialist Law Regime: Hong Kong and Shenzhen
In: Problems of post-communism, Band 44, Heft 3, S. 3-14
ISSN: 1557-783X
A common law system in a socialist law regime: Hong Kong and Shenzhen
In: Problems of post-communism, Band 44, S. 3-14
ISSN: 1075-8216
Examines current legal and business practices in Shenzhen province, which has adopted some Hong Kong laws and practices, in order to analyze prospects for retention of common law after Great Britain relinquishes control of Hong Kong. Based on interviews with business and legal elites in Hong Kong and Shenzhen, 1994-96.
Belonging to America: Equal Citizenship and the Constitution.Kenneth L. Karst
In: The journal of politics: JOP, Band 52, Heft 2, S. 659-661
ISSN: 1468-2508
Belonging to America: Equal Citizenship and the Constitution
In: The journal of politics: JOP, Band 52, Heft 2, S. 659-661
ISSN: 0022-3816
United States
In: The annals of the American Academy of Political and Social Science, Band 505, Heft 1, S. 180-181
ISSN: 1552-3349
Liberal Constitutionalism & Bureaucratic Discretion
In: Polity, Band 20, Heft 3, S. 371-393
ISSN: 1744-1684
Liberal Constitutionalism and Bureaucratic Discretion
In: Polity: the journal of the Northeastern Political Science Association, Band 20, Heft 3, S. 371
ISSN: 0032-3497
The Imperial Judiciary Meets the Impotent Congress?
In: Law & policy, Band 9, Heft 1, S. 97
ISSN: 0265-8240
The Imperial Judiciary Meets the Impotent Congress?
In: Law & policy, Band 9, Heft 1, S. 97-117
ISSN: 1467-9930
The continuing debate over an activist judiciary frequently overlooks the issue whether majoritarian institutions such as Congress can be the principal policy makers for a democracy as well as whether they ought to be. An explicit comparison of the institutional capacities of the Congress and federal courts on abortion funding suggests that Congress is capable of developing representative, responsible, and educative policies. However, a retreat by the "Imperial Judiciary" from an activist posture would not necessarily transfer power from the courts to the Congress but from the courts to unelected bureaucracies within the Congress and the Presidency.
The Language of Equality in a Constitutional Order
In: American political science review, Band 75, Heft 3, S. 626-635
ISSN: 1537-5943
Like all languages, the language of American law can liberate or confine thinking. Its confining power is illustrated by the absence of the radical "group rights" claim in the Bakke litigation despite the prominence of that argument in the popular debate over affirmative discrimination. This absence establishes the limitations of the metaphor developed to give meaning to the concept "persons" in the equal protection context. While capable of investing the corporation with many of the attributes of "personhood" as defined by the Fourteenth Amendment, the metaphor makes absurd the claim of a racial group to exercise rights or privileges distinct from those of its members. This analysis illuminates the metaphorical structure of law language and concludes that the restricted range of metaphorical thinking in law weakens the law's capacity to mediate struggles over social goals.
The Language of Equality in a Constitutional Order
In: American political science review, Band 75, Heft 3
ISSN: 0003-0554
"Learning to Govern": The Texas Experience
In: Journal of political sciences, Band 34, S. 1-36
ISSN: 0098-4612, 0587-0577
The Atlantic Vision: 1990: A Development Strategy for the 1980's
In: Canadian public policy: Analyse de politiques, Band 6, Heft 3, S. 566
ISSN: 1911-9917