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Human Dignity: The Constitutional Value and the Constitutional Right

Aharon Barak

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0020
Subject:
Law, Human Rights and Immigration

This chapter draws the basic distinction between human dignity as a constitutional value and human dignity as a constitutional right. It describes the role and meaning of human dignity as an express ... More


“States of the Same Nature”: Bounded Variation in Subfederal Constitutionalism

Jacob T. Levy

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter provides an account of variation in constitutional values and choices within a federation, grounding it in a conception of federalism as a pragmatic alternative to competing conceptions ... More


Substantive Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 3 moves to the analytical presentation of Joseph Weiler’s version of constitutional pluralism. In stark contrast to epistemic pluralism, this version seeks to build a particular external ... More


Interpretive and Participative Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 4 focuses on Miguel Maduro’s version of pluralism. This has two interconnected dimensions. The first is “interpretive pluralism”: a specific proposal for a discursive framework that—similarly ... More


The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Rodney A. Smolla

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.001.0001
Subject:
Law, Constitutional and Administrative Law

American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has ... More


Stability, Dynamism, and Other Values

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines what values other than legislative primacy contribute to the interpretation of statutes. It analyzes the competing values of stability and responsiveness to changing ... More


Setting the Scene

Jean Thomas

in Public Rights, Private Relations

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199677733
eISBN:
9780191757259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677733.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

In the US the argument that private actors ought sometimes to be held responsible for individuals’ public law rights has been made since the earliest rights adjudication. In the main, it has ... More


A Living Truth

Robert A. Burt

Frank Iacobucci (ed.)

in Justice and Empathy: Toward a Constitutional Ideal

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300224269
eISBN:
9780300231854
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300224269.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the concept of law and the legal and social role of the courts—especially the U.S. Supreme Court—as a moral and social agent for change, particularly in protecting the minority ... More


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