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Constitutional Law

In this subdiscipline: 256 papers
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Popular papers

  1. The concept of human rights is the mother's milk of the international community. Problem is, these days human rights come in more flavors than coffee or soft drinks. Would you like the Asian, Islamic, indigenous, economic, European, or U.S. version?…
  2. This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of administrative law mechanisms to promote greater accountability in decisionmaking and…
  3. As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. Men a harm is irreversible, and when regulators lack…
  4. This paper is concerned with those actions of business firms which have harmful effects on others. The standard example is that of a factory the smoke from which has harmful effects on those occupying neighboring properties. The economic analysis of…
  5. Up to one quarter of the worlds population is estimated to be landless, including 200 million people living in rural areas. For many of these people, the condition of landlessness threatens the enjoyment of a number of fundamental human rights.…
  6. Expectations that globalization and leadership change would propel a convergence among Middle East states toward pro -Western foreign policies overlook how differential regime formation, particularly the social forces incorporated in the process,…
  7. In Between Facts and Norms JArgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public…
  8. Terrorist attacks will be a recurring part of the future. If the American reaction is any guide, new constitutional concepts are urgently required to deal with the protection of civil liberties. This essay proceeds with a critical survey of the…

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