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Constitutional Materials and Decisions of the Conseil Constitutionnel

John Bell

in French Constitutional Law

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198259480
eISBN:
9780191681967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259480.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter reports the constitutional materials and decisions of the Conseil constitutionnel. It describes the sources of the Constitution, namely law and convention, fundamental principles ... More


Germany

Hilal Elver

in The Headscarf Controversy: Secularism and Freedom of Religion

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199769292
eISBN:
9780199933136
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199769292.003.0007
Subject:
Religion, Religion and Society

Germany is home of the 3 million Turkish immigrants who came to Germany starting from early 1960s as guest workers and became part of the German Muslim minority. Germany unlike France does not follow ... More


Men and Women of Goodwill

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0005
Subject:
Law, Constitutional and Administrative Law

On the last page of his 1982 book After Virtue, the philosopher Alasdair MacIntyre summed up his argument that Western society has become morally incoherent by drawing a parallel between the present ... More


Introduction

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0001
Subject:
Law, Constitutional and Administrative Law

In Marbury v. Madison, Chief Justice John Marshall justified the judiciary's exercising the authority to disregard a statutory command when, in the judges' opinion, that command contravenes the ... More


The Rule of Five

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0002
Subject:
Law, Constitutional and Administrative Law

The late Supreme Court Justice William J. Brennan argues that the most important rule in constitutional law is the so-called Rule of Five. A five-justice majority on the Court, the strong Rule of ... More


1808–1809: A Forgotten Crossroads in Constitutional History

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0012
Subject:
Law, Constitutional and Administrative Law

The twelve-month period beginning in May 1808 was one of the most important in the entire history of American constitutional law. Three men made decisions, in each case a personally difficult ... More


A Question of Degree

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a constitutional decision maker might go about making interpretive choices in addressing a constitutional question that is open to more than one plausible answer. It focuses ... More


Making It Up as We Go Along

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0006
Subject:
Law, Constitutional and Administrative Law

In James B. Beam Distilling Co. v. Georgia, the Supreme Court rejected the propriety of employing “selective prospectivity” in civil litigation: when in a civil case the Court announces a new rule of ... More


Living with Originalism

Lawrence B. Solum

in Constitutional Originalism: A Debate

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801447938
eISBN:
9780801460630
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801447938.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter comments on Robert Bennett's critique of originalism, especially the latter's claim that the original meaning of the Constitution cannot constrain constitutional decision making. Bennett ... More


1793: The Supreme Court and the Metaphysics of Sovereignty

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0004
Subject:
Law, Constitutional and Administrative Law

The Supreme Court's first great constitutional decision, indeed its first important decision of any sort, was also its first great misstep. On February 18, 1793, the Court held in Chisholm v. Georgia ... More


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