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Community Based on Personal Autonomy

THOMAS M. FRANCK

in The Empowered Self: Law and Society in the Age of Individualism

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199248094
eISBN:
9780191707766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248094.003.0005
Subject:
Law, Law of Obligations, Human Rights and Immigration

At the cusp of the 21st century, the realities of social interaction, conflict resolution, economic, scientific, and cultural development, and ecological and resource management have combined with ... More


The Repressed State of Emergency: The Exercise of State Authority in Extraordinary Circumstances [1978]

Mirjam Künkler and Tine Stein

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

In this article Böckenförde argues in favour of constitutionalizing the possibility of a state of emergency instead of regulating it through normal law. The primary purpose of constitutions is to ... More


How Does a “Republican Form of Government” Differ from “Democracy” (and to which should We Be Committed Today)?

Sanford Levinson

in Framed: America's 51 Constitutions and the Crisis of Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199890750
eISBN:
9780190260088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199890750.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a “republican form of government” differs from “democracy” in the United States. It suggests that what counts as an adequately “representative” democracy is not fully ... More


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