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Federalism as a Cure for Democracy's Discontent?

Mark Tushnet

in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198294962
eISBN:
9780191598708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294964.003.0024
Subject:
Political Science, Political Theory

Federalism holds out the possibility of mutually profitable economic and cultural exchanges that gradually erode differences over fundamental interests, and that, given enough time, people may come ... More


“Fresh Trouble”: The House Subcommittee Frames Amendments

Ray A. Moore and Donald L. Robinson

in Partners for Democracy: Crafting the New Japanese State Under MacArthur

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195151169
eISBN:
9780199833917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515116X.003.0018
Subject:
Political Science, Democratization

The last week of July was a critical period for the framing of Japan's postwar Constitution. Ashida Hitoshi appointed 14 Diet members (including Kita Reikichi and Inukai Takeru) to a special ... More


Complementarity as a Legal Principle and as Criteria for Admissibility

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0004
Subject:
Law, Public International Law

This chapter addresses the substantive provisions: the Preamble and Article 1, which introduce complementarity as a general principle, and Articles 17 and 20 (3), which translate that principle into ... More


Complementarity and the Obligation to Investigate and Prosecute

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0006
Subject:
Law, Public International Law

This chapter addresses the question whether and to what extent the Statute obliges States to exercise their jurisdiction over ICC crimes. It concludes that the Statute imposes on States Parties, ... More


. Time and the Constitution

George Anastaplo

in Reflections on Life, Death, and the Constitution

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125336
eISBN:
9780813135243
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125336.003.0007
Subject:
Political Science, American Politics

This chapter shows that an awareness of human mortality is evident throughout the Constitution of 1787 and in its Amendments. It notes that such an awareness is implicit in the traditional civic ... More


Does the EU Need Christian Values? 1

Dr Lorenzo Zucca

in A Secular Europe: Law and Religion in the European Constitutional Landscape

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592784
eISBN:
9780191738906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592784.003.0004
Subject:
Law, Constitutional and Administrative Law, EU Law

The point of this chapter is to argue against the idea of constitutional identity on the one hand and, on the other, to argue that the EU is secular, and that its secularism is the only framework ... More


God and his Attributes

Seymour Feldman

in Gersonides: Judaism within the Limits of Reason

Published in print:
2010
Published Online:
February 2021
ISBN:
9781904113447
eISBN:
9781800340152
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.3828/liverpool/9781904113447.003.0003
Subject:
Religion, Judaism

This chapter explains how the existence of God is philosophically provable. It adopts the terminology of Thomas Aquinas about some of the basic beliefs of monotheistic religion. In attempting to ... More


Preamble

Marcus Klamert, Manuel Kellerbauer, and Jonathan Tomkin

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.69
Subject:
Law, EU Law

His Majesty The King of the Belgians, The President of the Federal Republic of Germany, The President of the French Republic, The President of the Italian Republic, Her Royal Highness the Grand ... More


[Page 3] Appeal, &c.

David Walker

in Walker's Appeal, in Four Articles: Together with a Preamble, to the Coloured Citizens of the World, but in Particular, and Very Expressly, to Those of the United States of America

Published in print:
2011
Published Online:
July 2014
ISBN:
9780807869475
eISBN:
9781469602820
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9780807869475.003.0001
Subject:
History, African-American History

This first part of the book contains the text of the Preamble to Walker's Appeal. In it, Walker justifies the reasons for his appeal and anticipates the reaction to it. This Preamble is followed by ... More


Ideas of Kingship in the Preambles of Alfonso VIII’s Charters

Joseph F. O’Callaghan

in King Alfonso VIII of Castile: Government, Family, and War

Published in print:
2019
Published Online:
January 2020
ISBN:
9780823284146
eISBN:
9780823286126
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823284146.003.0002
Subject:
History, European Medieval History

This chapter examines the surviving royal charters of Alfonso VIII of Castile, focusing on those preambles and other ancillary components that express ideas of kingship. The preambles to his ... More


Voices from the Dust

Mark Z. Christensen

in Nahua and Maya Catholicisms: Texts and Religion in Colonial Central Mexico and Yucatan

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804785280
eISBN:
9780804787314
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785280.003.0008
Subject:
History, Latin American History

This chapter uses Nahua and Maya last will and testaments to expose the similarities and differences in how natives experienced Catholicism upon dying. It examines the preambles of testaments and ... More


Identitarian Agreement in the Bargain

Ala Hamoudi Haider

in Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226315348
eISBN:
9780226068794
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226068794.003.0005
Subject:
Political Science, International Relations and Politics

While deferral of contentious constitutional issues is possible through the drafting of flexible framework text, this is not the case as for those provisions of a constitution that are less ... More


The Covenants in the Light of Anthropogenic Climate Change

Stephen Humphreys

in The Human Rights Covenants at 50: Their Past, Present, and Future

Published in print:
2018
Published Online:
August 2018
ISBN:
9780198825890
eISBN:
9780191864902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825890.003.0012
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter undertakes a textual analysis of the Preambles and Parts I and II of the two principal UN human rights Covenants, the International Covenant on Civil and Political Rights (ICCPR), and ... More


A Constitutional Limitation

Ned Snow

in Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind

Published in print:
2022
Published Online:
February 2022
ISBN:
9780197614402
eISBN:
9780197614433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197614402.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines whether the constitutional clause that gives Congress power to legislate copyright and patent law (the Intellectual Property Clause) represents a limitation on Congress’s power. ... More


Understanding Victims’ Interests and Recognizing the Importance of Managing and Guiding Expectations

T. Markus Funk

in Victims' Rights and Advocacy at the International Criminal Court

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199941469
eISBN:
9780190236700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941469.003.0009
Subject:
Law, Criminal Law and Criminology, Public International Law

The drafting of legislation containing sweeping, optimistic preambles is a far more simple undertaking than lending substantive meaning to those codified ambitions. The ICC’s articles and rules may ... More


What is the Point of Preambles (in Contrast to the Rest of a Constitution)?

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/9780199890750.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter asks why so many drafters of constitutions believe that it is essential to include preambles. It first considers the legal status of constitutional preambles, including the Preamble to ... More


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