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 15 of 15 for “"Constitutional theory"”.
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The Constitutional Theory and the Legal Regulation of Political Parties in India
Indian constitutional democracy is unimaginable without political parties. Yet, parties have received hardly any attention in Indian constitutional or legal scholarship. To bridge this conspicuous gulf, this thesis studies the constitutional theory and the legal treatment of political parties in …
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Informal constitutional change: towards a South African theory of unconstitutional constitutional change
… I explore the phenomenon of informal constitutional change. In particular: I focus on how courts are able to change the content, scope and meaning of a constitution without its text ever changing. Drawing on work in constitutional theory, I explore whether such change can be legitimate …
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Separating Law-Making from Sausage-Making: The Case for Judicial Review of the Legislative Process
… comparative law approach, a jurisprudential and constitutional theory approach, and an interdisciplinary approach that draws upon political science research and several other disciplines.
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Let’s Win Madrid: Radical Democracy and Prefigurative Constitutionality in the New Municipalism
The thesis proposes prefigurative constitutionality as a novel approach to the production of constitutional and political theory and the study of non-state political actors in the context of strategies for radical democracy. Prefigurative constitutionality requires a bespoke understanding of …
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The Effects of State Constitutional Design of Gubernatorial and Legislative Authority in State Budget Policy
… were used to test hypothesized effects of state constitutional design of formal authority. Based on Tobit model estimation and predicted values of divergence derived from alternative constitutional design scenarios, some state constitutional factors affect the ability of governors and state …
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Transatlantic Tales and Democratic Dreams: Archbishop Gaetano Bedini, Alessandro Gavazzi, and the Struggle to Define Republican Liberty in a Revolutionary Age, 1848-1854
… politics, and the uneasy relationship between constitutional theory and antebellum republican practice.;The career of Bedini's harshest critic, Italian apostate priest Alessandro Gavazzi, illustrated the international dimensions of anti-Catholic thought and rhetoric. A well-known revolutionary …
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All But Forgotten: Thomas Jefferson's Contribution to the Development of Public Administration in the United States
… citizenry with the preservation of the nation's constitutional heritage.
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What makes constitutions legitimate? A legal analysis of constitutions and legitimacy: The example of Fiji.
… relationship between legitimacy and legality in constitutional theory. In light of early studies of constitutionalism and case law from the first constitutional case to the most recent in Fiji after a revolution or regime change has occurred the common understanding was that legitimacy and …
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The Accommodation of Parliamentary Sovereignty in the UK’s Territorial Constitution
… justify or necessitate the recentralisation of constitutional power. The dominance of the sovereignty principle, this thesis argues, serves to some extent to determine what kind of territorial constitution is possible in the UK. It is therefore important to consider whether, and how, the current …
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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 …
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Politics of religious diversity: toleration, religious freedom and visibility of religion in public space
… and trust – have transformed into substrata of constitutionalism. Is it possible to fully disentangle toleration from the structures of constitutional law? Toleration emerged in conjugation with the political imaginary of the corpus christianum, which relegated minorities primarily to private …
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The politics of sovereignty : federalism in American political development
… relationships, and understandings of the constitutional order. This dissertation seeks to show how the American federal system is both cause and effect of political development. Even as it structures legal and political contestation, American federalism is shaped—even redefined—by such …
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Collective Labour Rights As An Element Of The Substantive Constitutionalisation Of EU Law After The Treaty Of Lisbon
… lens of the Union’s suggested ‘substantive constitutionalisation’. It seeks to establish labour law in general as an integral part of not only the internal market but the EU’s constitutional architecture as such, and collective labour rights in particular as a means to realise the Union’s …