The increase intersection between constitutional law and law philosophy trabsforma the single orientation of each subject. Technically, this approach is not a subject, neither an issue of consideration by philophers. The state of art in constitutional interpretation call for more than a soft knowledge in moral and polical philosophy. Today democratic questions are raised for...
Shades of Constitutions and Constitutionalism as a 3-Dimensional Concept: National, Post-National and Co-owned Elements
There are national constitutional examples that are so diverse in origin, character and scope as to create a constitutional spectrum consisting of shades of constitutionalism. What unities those diverse constitutional examples is the adherence to certain specific principles.Constitutional normativity is challenged by the supranational example. In addition, there is the complementing dimension of influencing the...
The risk of neo-formalism in empirical constitutional studies
This paper argues that there is a risk of neo-formalism in certain types of empirical research on constitutionalism and judicial review. The risk is driven by the dependence of empirical legal research on quantifiable variables, such as the text of constitutions. The paper outlines the risk through discussion of several examples of neo-formalist empirical research,...
The Theory of the Dual State Revisited : Dual Constitutionalism in Thailand, Turkey and Pakistan
In Ernst Fraenkel‘s account, the Dual State is characterized by two relatively autonomous spheres: the normative and the prerogative one (or what some have called the “deep state“). In the prerogative State, the State acts with discretion and its actions are not subject to judicial review. Most constitutions are characterized by coexisting liberal and authoritarian...
The Study on Indigenous People’s Right to Participate or Consent
This paper is going to discuss institutional design issues regarding indigenous people‘s right to participate or consent, including the nature and scope of this right, and the relationship among various kinds of participation. In addition to clarify the nature of indigenous people‘s right to participation or consent through study on international legal documents, this project...