Would Electing the Senate Require Constitutional Change?
(1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1): (a) the principle of proportionate representation of the provinces in the House of Commons
A rule of law unto itself
“The Constitutional Reform Act 2005 provides… that the Act does not adversely affect ‘the existing constitutional principle of the rule of law’ or ‘the Lord Chancellor's existing constitutional role in relation to that principle’.
Legal Theory Lexicon 055: Principles in Constitutional Theory
What are constitutional principles? How do they relate to legal theory more generally? The phrase "constitutional principle" is used in a variety of senses. For example, thre phrase "constitutional principle" could simply be another
Legal Theory Lexicon: Principles in Constitutional Theory
The phrase "constitutional principle" is used in a variety of senses. The notion of a constitutional principle is a bit "vague around the edges" For example, there may be a constitutional principle of state sovereign immunity.
Conventional Race Wisdom From Berkeley
By hitching the meaning of the Equal Protection Clause to these itory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of classifications touching on racial and ethnic background may vary
Mickey Edwards: The Erosion of American Constitutional Principle
The authority this president claims would accrue not merely to himself but to the office of the presidency itself. And those who facilitate or acquiesce in this erosion of American constitutional principle will come to regret it
European perspectives on due cause and free speech
The German court had to refer to German constitutional principles of freedom of art to dismiss the case, rather than finding an internal TM perspective. This causes fragmentation because each country has its own free speech principles,
Philippines: Charter Change is Arroyo's Cover-up
"Obviously it's a display of naked self-arrogated power that will not stand the Constitutional principle of checks and balances between branches of government," Mata said. "Now the House is poised to railroad a set of secret proposals
Cosmopolitan Ideals, the European Union and Its Ju
The second refers to the German tradition of a hierarchy of constitutional values, starting with general constitutional principles, pursuant to which it is possible to view particular (and inferior) provisions of the constitutional text
Pluto, Plato, Originalism
--But in principle, I want to suggest that Graber may be right. There may be times when originalism will require us to look to constitutional principles, which may require adjustment when confronted with changes in the conceptual and
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