Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 18 of 18 for “"Constitutional interpretation."”.
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Constitutional interpretation.
… sources of disagreement. First, the concept of interpretation is unclear. Second, there is uncertainty about whether legal interpretation raises special interpretive problems. Third, there is an implicit assumption among legal theorists that constitutional interpretation is a specially …
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Social Protests as Constitutional Interpretation
… manifested their discontent via playing by the constitutional rules of the game. Although governmental responses have varied in degree, in the end they have all focused on limiting the right of the people to publicly assemble and express their views. As this work contends, when governments …
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Constitutional limitations and the rule of law: an Indian perspective
… doctrine of the rule of law within the Indian constitutional framework, with particular emphasis on the judiciary’s role in interpreting constitutional limitations on legislative and executive power. Since the enforcement of the Constitution of India in 1950, the Indian Supreme Court has played …
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Partial Justice: Congressional Argumentation and Presidential Impeachment
… president warranted impeachment and removal on constitutional or political interpretations and arguments. Ultimately, it finds that participants crafted their arguments in order to best achieve immediate victory in each case. However, the participants in the Johnson and Nixon impeachment …
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Ways of reading the constitution
This thesis explores various approaches to constitutional interpretation, paying particular attention to the literalist approach to reading the Constitution set forth by W.W. Crosskey in Politics and the Constitution. Crosskey’s approach is compared to and contrasted with John Rohr’s intentionalist …
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Religious liberty through the lens of textualism and a Living Constitution : the First Amendment Establishment Clause interpretations of Justices William Brennan, Jr. and Antonin Scalia.
… Brennan, Jr. and Antonin Scalia guide their interpretations of the First Amendment Establishment Clause. The paper begins by examining Establishment Clause basics, the United States legal system and judicial philosophies, and Establishment Clause jurisprudential history. The elusive search …
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Shaping the Supreme Court
… power through judicial review to determine the constitutionality of state legislation, the abortion issue eventually made its way through the court system. Abortion has proven itself to be a complicated section of law for both courts and lawmakers. Initially, in the landmark <em>Roe v. Wade</em> …
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The principled constitutionalism of Justice Anthony M. Kennedy.
… jurist, but he is given little respect as a constitutional and legal thinker. Often called the "swing justice" for his pivotal position between the Supreme Court's "liberal" and "conservative" blocs, his frequent control of the Court's most controversial cases is often resented and criticized …
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A More Global Court? Judicial Transnationalism and the U.S. Supreme Court
… argued over the validity of different tools in constitutional interpretation, including social science data, public opinion and, most recently, laws and standards of decency from abroad. Although several of those currently on the bench maintain that foreign laws have no place in American …
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The Jurisprudence of Thomas M. Cooley: Why One of the Most Important Jurists of the Nineteenth Century Still Matters
… the most important legal commentator on American constitutional law, second only perhaps to Supreme Court Justice Joseph Story, and yet today he is largely forgotten. Cooley’s position as a legal authority diminished decades after his death, either coincidentally or causally around the time a …
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Hate speech under the South African Constitution: How should South African Courts interpret ‘incitement to cause harm'
… I examine the role of international law in the interpretation of incitement to cause harm as required by section 39(1)(b) of the Constitution. This exercise involves an examination of international conventions relevant to restrictions on freedom of expression, hate speech, case law and academic …
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A more perfect union : Joseph Story's synthesis of natural rights philosophy and the common law.
… as a response to the rise in states' rights constitutionalism in Antebellum America, which advanced a reading of the U.S. Constitution grounded in American social compact theory. In response, Story articulated a national conception of popular sovereignty that contextualized the American …
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Confronting Founding Injustices: Reconstructive Constitutional Adjudication and Constitutional Legitimacy in Postcolonial States
… some postcolonial constitutions achieve higher constitutional legitimacy than others? Across the Global South, constitutions have proliferated while legitimacy remains uneven and contested. Existing scholarship explains variation in constitutional legitimacy in postcolonial states through three …
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Compelled Decryption and the Right Against Self-Incrimination: Obsta Principiis
… parts. Part I briefly addresses the question of constitutional interpretation before continuing on to examine the origin and development of the right against self-incrimination in England and America. Then, Part II addresses the history of the Supreme Court’s self-incrimination jurisprudence. …
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Conflict of norms in European Union law and the legal reasoning of the European Court of Justice
… the opposition between conserving and innovative interpretation; conflicts of human rights norms, looking in particular at the idea of a hierarchy of rights and of specificationism in the articulation of rights; and conflicts of competence norms. It concludes that the scope exists for a fuller …
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Seeing the constitution as they see it: Presidential reconstitutions, executive power, and interbranch conflict
Conflict in the U.S. constitutional system is not an error but a feature. The structural sparring between the executive and judicial branch is typically mundane, but when presidents fight with the judiciary in times of national crisis, those conflicts have profound ramifications for political …
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A purposive formalist interpretation of Chapter III of the Australian Constitution
… and impartiality of federal courts? The interpretation of Chapter III is as hotly debated as it is fundamentally important. Two key viewpoints have emerged in this debate: formalism and functionalism. A formalist test – strictly separating government powers according to definition – …
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The Hermeneutical Reality of Constitutional Law: Understanding the Legality of Constitutional Adjudication
Under Turkey’s 1961 Constitution, the Constitutional Court of Turkey (CCRT) controversially invalidated several constitutional amendments. The prevailing explanatory paradigm about the CCRT, which I term the standard picture, suggests that these invalidations defy legal explanations. The standard …