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Author: C. E. Schwöbel

the one hand and enabling ideologically motivated measures on the other hand. Normative Constitutionalism similarly draws on abstraction in a form that needs to be tested against a diversity much larger than that of any single domestic legal system. If one applies the concept of constitutionalism

In: Global Constitutionalism in International Legal Perspective
Author: Ruth Gavison

state. The initial drive toward a constitution in the 1980s, on the other hand, was motivated by a wish to deal effectively with new threats to the ‘old regime’ and its self-understanding, which were growing in strength and visibility over the years. This makes the Israeli case an interesting one

In: Constitutionalism and Political Reconstruction

motivated legal actions against political parties. In other words, the dissolution Article 103 of the LPP thereby potentially wedded a conservative approach to a non-formalistic judicial approach. Finally, another by product of these cases was that the court re-estab- lished the legitimacy of temporary

In: Constitutionalism and Political Reconstruction

. Indeed, entry into the class is itself a crime. In addition, it could hardly be suggested that undocumented status is a ‘constitutional irrelevancy.’”Id. at 219, n.19. See also Cleburne v. Cleburne Living Ctr., Inc. 473 U.S. 432, 440 (1985): “These factors are so seldom relevant to the achievement of any

In: Individual Rights and Liberties under the U.S. Constitution

the status of ethnic Macedonians living in neighbouring Albania, Bulgaria, and Greece. Ethnic Albanian parties have pressed for changes of a largely symbolic nature, arguing that these are essential for improving the rights of ethnic Albanians in practice. They reject the 1994 census figures

In: Settling Self-Determination Disputes

, 2015. Chapter 258 The table shows that human development, as defined by the Human Development Reports—in the sense that it enlarges the process of people’s choices in terms of a healthy, educated, and longer life with decent standards of living—still seems to be a long-term goal for many poor

In: Global Constitutionalism and the Path of International Law

complete the plan—no less than debates over the wisdom of other kinds of socioeconomic legislation—are not to be carried out in the federal courts.”22 tle. They may indeed make living an almost insufferable burden. They may also be an ugly sore, a blight on the community which robs it of charm, which makes

In: Individual Rights and Liberties under the U.S. Constitution

membership. So, for example, a person living in Brussels, Belgium, may opt to receive information about public services in either French or Flemish. The provision of separate broadcasting networks for different linguistic users throughout the entirety of a state, especially if each network is run by its

In: Settling Self-Determination Disputes

act of international terrorism,” which includes “violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State,” when committed

In: International Human Rights Litigation in U.S. Courts

under review a form of punishment, since many taxes presumed valid, such as taxes on cigarettes and alcohol, were also both high and motivated to some extent by an interest in deterrence; the Court added that although those factors were not dispositive, they were at least consistent with a punitive

In: Individual Rights and Liberties under the U.S. Constitution