Tesis sobre el tema "Constitutional law – history"
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Aroney, Nicholas Theodore 1966. "The Federal Commonwealth of Australia : a study in the formation of its constitution". Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8864.
Texto completoJoseph, Rosara. "The war prerogative : history, reform and constitutional design". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:9b7c6ac7-6c0e-4a84-ac01-bd11732d0ef8.
Texto completoThompson, Bankole. "The constitutional history and law of Sierra Leone (1961-1995) /". Lanham (Md.) : University Press of America, 1997. http://catalogue.bnf.fr/ark:/12148/cb389022691.
Texto completoPreibusch, Sophie Charlotte. "Verfassungsentwicklungen im Reichsland Elsass-Lothringen 1871-1918 : Integration durch Verfassungsrecht? /". Berlin : BWV, Berliner Wissenschafts-Verlag, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016543635&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Texto completoBose, Feler. "Evolutionary impulses in law". Fairfax, VA : George Mason University, 2007. http://hdl.handle.net/1920/2986.
Texto completoTitle from PDF t.p. (viewed Jan. 17, 2008). Thesis directors: Charles K. Rowley, Duncan Black. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Economics. Vita: p. 206. Includes bibliographical references (p. 201-203). Also available in print.
Schmidt, Christian Hermann. "Vorrang der Verfassung und konstitutionelle Monarchie eine dogmengeschichtliche Untersuchung zum Problem der Normenhierarchie in den deutschen Staatsordnungen im frühen und mittleren 19. Jahrhundert (1818-1866) /". Berlin : Duncker & Humblot, 2000. http://catalog.hathitrust.org/api/volumes/oclc/45716296.html.
Texto completoSaccone, Giuseppe Mario. "The role of A Dialogue in Hobbes's conception of law and legal history". Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240761.
Texto completoStaggers, Elijah T. "Dred Scott v. Sandford| The African-American Self-Identity Through Constitutional Hermeneutics". Thesis, Georgetown University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10104386.
Texto completoIn Dred Scott v. Sandford, Chief Justice Roger Taney spoke for the majority of the United States Supreme Court to declare that Blacks were not constituent members of the American political sovereignty, but rather they were “beings of an inferior order, altogether unfit to associate with the white race” and they “had no rights which the white man was bound to respect.” Through engaging in a critical inquiry of constitutional hermeneutics, Blacks looked to the Constitution to deduce their collective identity. However, when they looked in the constitutional mirror, they saw a broken reflection. By evaluating the existential dichotomy of the African-American self-identity revealed in the responses to the Dred Scott decision, this research argues that the African-American self-identity was broken by the Supreme Court’s declaration that they were neither citizens nor people under the Constitution; however, in the face of the Dred Scott decision, the African-American self-identity used the very document which denied their right to exist, to galvanize a unique identity capturing their oppression, and the hope to realize their deprived liberty.
De, Thy Ludovic. "L’écriture des lois constitutionnelles de 1875 : La fondation de l’ordre constitutionnel de la IIIe République". Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCF004/document.
Texto completoVersteeg, Mila. "Words of liberty : the origins and evolution of constitutional ideas". Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669950.
Texto completoSwithinbank, Hannah J. "Talking politics : constructing the res publica after Caesar's assassination /". St Andrews, 2010. http://hdl.handle.net/10023/910.
Texto completoKwon, Chan Doo. "Reassessing Korean legal culture and the rule of law : legal history, constitutional review and negotiations". Phd thesis, Faculty of Law, 1996. http://hdl.handle.net/2123/5994.
Texto completoStephens, Otis H. Jr, John M. II Scheb y Colin Glennon. "American Constitutional Law, Volume I and II: Civil Rights and Liberties". Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1285736923.
Texto completohttps://dc.etsu.edu/etsu_books/1021/thumbnail.jpg
Sempill, Julian Andrei. "Making law about power". Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:a5ffd843-dbad-44c5-b963-bca59da66f6a.
Texto completoHarms, Katharina. "Verfassungsrecht in Umbruchsituationen /". Baden-Baden : Nomos, 1999. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015248436&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Texto completoKnecht, Ingo. "Der Reichsdeputationshauptschluss vom 25. Februar 1803 Rechtmässigkeit, Rechtswirksamkeit und verfassungsgeschichtliche Bedeutung /". Berlin : Duncker & Humblot, 2007. http://books.google.com/books?id=IoqbAAAAMAAJ.
Texto completoDrake, Thomas. "Eyewitness to History in Devolution of Democracy and Constitutional Rights Following 9/11". Thesis, Walden University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10284227.
Texto completoMany researchers and political experts have commented on the disenfranchisement of the citizenry caused by irresponsible use of power by the government that potentially violates the 4th Amendment rights of millions of people through secret mass surveillance programs. Disclosures of this abuse of power are presumably protected by the 1st Amendment, though when constitutional protections are not followed by the government, the result can be prosecution and imprisonment of whistleblowers. Using a critical autoethnographic approach, the purpose of this study was to examine the devolution of democratic governance and constitutional rights in the United States since 9/11. Using the phenomena of my signature indictment (the first whistleblower since Daniel Ellsberg was charged under the Espionage Act) and prosecution by the U.S. government, data were collected through interviews with experts associated with this unique circumstance. These data, including my own recollections of the event, were inductively coded and subjected to a thematic analysis procedure. The findings revealed that the use of national security as the primary grounds to suppress democracy and the voices of whistleblowers speaking truth to, and about, power increased authoritarian tendencies in government. These tendencies gave rise to extra-legal autocratic behavior and sovereign state control over the institutions of democratic governance. Positive social change can only take place in a society that has robust governance and social structures that strengthen democracy, human rights, and the rule of law, and do not inhibit or suppress them.
Fargeaud, Benjamin. "La doctrine constitutionnelle sous la IVe République : Naissance d'une nouvelle génération de constitutionnalistes". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020054.
Texto completoIn 1945, the Liberation era was supposed to be a time when constitutional law would be renovated. At the very moment where France was adopting a new Constitution, a new generation of constitutional law Professors emerged. From the « disciple » generation which succeeded to « the founders » generation itself, the « Third generation of constitutional law Professors », as Marcel Prélot named them, emerged. It was meant to be the « creative » generation. But renewing constitutional law was not an easy task. Notwithstanding the adoption of a new Constitution, the IVth Republic rapidly came back to the uses and habits of the IIIrd Republic. It therefore disappointed the hopes of the constitutional legal doctrine and its attempts to reshape a specific constitutional law suiting the new regime. Taking note of the failure of constitutional law to frame the parliamentary daily life, constitutional law Professors reoriented their efforts to renew their academic discipline in a way that would get closer to political sciences. This new orientation allowed the « Third generation » to tackle new fields of research, such as political parties or the history of political ideas, but diverted them from a more technical approach. However, it was on the latter that the constitutional revision of 1958 that set out the Constitution of the Vth Republic settled
O'Byrne, Nicole Colleen. "The answer to the 'Natural Resources Question' : a historical analysis of the Natural Resources Transfer Agreements". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99147.
Texto completoDlamini, Lomakhosi G. "Socio-economic and political constraints on constitutional reform in Swaziland". University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4327_1197279930.
Texto completoThis study looked at socio-economic and political constraints on constitutional reform in Swaziland, an independent state with a fully autonomous government that falls under the Monarch who is Head of State. Swaziland maintains strong economic and trading links with South Africa and also maintains such ties with other states, especially in the Southern African Development Community region. Up untill 1973, the country's constitution was Westminister based. This was evoked and replaced with a system designed to facilitate the practice of both western and traditional styles of government. This system incorporated the system known as Tinkhundla and provides for the people to elect candidates to be their parliamentary representatives for specific constituencies.
Callum, Douglas R. "Soviet society and law : the history of the legal campaign to enforce the constitutional duty to work". Thesis, University of Glasgow, 1995. http://theses.gla.ac.uk/6553/.
Texto completoGuttenberg, Karl-Theodor zu. "Verfassung und Verfassungsvertrag : konstitutionelle Entwicklungsstufen in den USA und der EU /". Berlin : Duncker & Humblot, 2009. http://d-nb.info/992131669/04.
Texto completoLunau, Ralf. "Auf der Schwelle dieser Demokratie : Normentstehung und Normbestand der Verfassung des Landes Thüringen vom 20. Dezember 1946 /". Stuttgart [u.a.] : Boorberg, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/368930297.pdf.
Texto completoLainé, Julien. "Empirisme et conceptualisme en droit constitutionnel". Electronic Thesis or Diss., Lille 2, 2011. http://www.theses.fr/2011LIL20014.
Texto completoThe issue of empiricism and conceptualism has been studied in administrative law. It refers to the possibility for academics to infer general and abstract categories from case law. Such reasoning by induction aims to facilitate the knowledge of administrative law, which essentially consists of case law. Studying this issue in constitutional law is justified by the changes which have occurred in the discipline since the birth of the Conseil Constitutionnel in 1958. Specifically, the development of constitutional case law has led to the assumption that constitutional law has a more empirical dimension and that new relations are being established between academics and judges. In practice, the alternation between empiricism and conceptualism in constitutional law goes beyond the relation between legal scholars and case law. Thus, this study attempts to capture the systematization of law in all stages of the discipline and whatever the sources. The analysis is not only following the changes in the mode of thinking concerning constitutional law by respecting a chronological sequence, it also aims at identifying periods. The conceptualism of the past, inherited from the first treatises on constitutional law at the end of the nineteenth century, has developed the main principles of French constitutional law. Since then, the evolution of doctrinal methods, throughout the twentieth and the early twenty-first century, in conjunction with the development of law itself, subjects these principles to more empirical approaches, bringing them closer to the reality of constitutional law. More precisely, three empirical periods can be identified. The first period emerged after World War II and is described as “political empiricism” in this study. The second time appeared in the 1970’s and advocates a “legal empiricism”. Finally, the development of the jurisprudence of the Conseil constitutionnel opens the way for “case law empiricism”, widely discussed in this analysis
Baird, Rory S. "An in Depth Look at Gonzales V. Raich: The History of Medical Marijuana and the Commerce Clause". Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/125.
Texto completoGren, Marie. "De la suprématie législative à la suprématie constitutionnelle : étude comparée d'un changement de paradigme en France : en Israël et au Royaume-Uni". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D061.
Texto completoThe legal system relies on a constitutional paradigm. Dialectics between legal scholars, Parliament vested with constituent power and judges reinforces the consensus underpinning the paradigm. Given the compelling strength of these shared beliefs, a revolutionary process is necessary to overtum the system. At a time of crisis questioning the paradigm, a revolution can subvert the constitutional order if it is approved by the majority of legal actors, and particularly constitutional scholars. A detailed analysis of such a process in constitutional law has rarely been made. A perceptive study of such a phenomenon can be made by comparing the change of paradigm from legal to constitutional supremacy in France, Israel and the United Kingdom. In these three legal orders, the crisis of legislative supremacy lead judges to make revolutionary decisions, striking down a system based on the omnipotence of Parliament. The Constitutional Council Freedom of Association decision, the Israeli Supreme Court Mizrahi Bank case and the House of Lords Factortame case were a revolutionary move towards constitutional supremacy. The creation of a new paradigm, relying on the protection of constitutional norms by judges has then been favored by its acceptance by constitutional experts and sometimes even by Parliament
Bujadoux, Jean-Félix de. "Rationalisation du parlementarisme en France (XIXe-XXIe siècles)". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020028.
Texto completoThe concept of the rationalization of parliamentarism was cleared by Boris Mirkine-Guetzévitch in 1928 from his study of the Constitutions adopted in the new European countries from the Treaty of Versailles. It refers to a process of written codification of the practices and usages governing the relationship between the executive power and the assemblies in a parliamentary system, in order to adapt them to a specific purpose.In France, like other European countries during the same period, this process was pursued by the constituents in 1946 and again in 1958. However, the idea of rationalizing parliamentarism according to a given representation of the regime in our country, our parliamentary origins go back much as far back as the nineteenth century to the widespread use of this technique after the First and Second World Wars in European parliamentary democracies.In addition, the approaches of the idea of rationalization, through the different corpora forged by the political actors and the publicists, appear more dense and numerous in the French constitutional debate to the point that one can evoke rationalizations of parliamentarism in France. and distinguish, in a general classification, three categories - cameral, governmental and arbitral - of rationalization of parliamentarism. These three categories could be implemented, alternately or cumulatively, in France at the end of the third, then under the Fourth and Fifth Republic with contrasting effects on the functioning of institutions. Today, the rationalization of parliamentarism remains one of the structuring pillars of the French parliamentary system
Garrison, Gary Lee. "FEDERALISM, ANTI-FEDERALISM AND THE ROLE OF THE NINTH AMENDMENT IN CONSTITUTIONAL DISCOURSES". Miami University / OhioLINK, 2005. http://rave.ohiolink.edu/etdc/view?acc_num=miami1115304485.
Texto completoMonroe, Theresa. "An analysis of canonical aspects of the constitutional history of the Society of the Sacred Heart". Theological Research Exchange Network (TREN), 1989. http://www.tren.com.
Texto completoManouguian, Aïda. "La juridictionnalisation du droit constitutionnel français : etude d'un phénomène doctrinal". Electronic Thesis or Diss., Lyon, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218790.
Texto completoIn contemporary times, French constitutional law bears witness to a major development due to the influence of the constitutional judge and of his case law, over the discipline. Since the advent of constitutional justice under the Fifth Republic, the question of judicial review has spread to such an extent in scientific debates that it no longer seems possible to consider constitutional law without its judge. Whether praised or criticized, no one denies the importance of this scientific phenomenon. After more than half a century of juridictionalization of constitutional law, this research aims to measure the consequences of this change in constitutional thought.The scientific phenomenon of juridictionalization, which has roots in the anti-modern thinking of the Old Regime parliamentarians – much more than in modern constitutionalism – manifests itself in contemporary times as a questioning of the classic presentation of institutions as much as of sources of constitutional law. Its identification, which goes through the deconstruction of a certain number of assumptions detrimental to its understanding, makes it possible to analyze their effects on the discipline. From this point of view, the upheavals are proving to be considerable and disturb both the epistemological status of the discipline and the foundations of the exercise of power. Crystallizing, even aggravating all the scientific controversies, the constitutional judge thus appears as the privileged object of a general research on the representations of constitutional law
Petersen, Megan A. "Rights We Are Bound to Disrespect: John Locke, Dred Scott, and the American Social Contract". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/585.
Texto completoLainé, Julien. "Empirisme et conceptualisme en droit constitutionnel". Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20014/document.
Texto completoThe issue of empiricism and conceptualism has been studied in administrative law. It refers to the possibility for academics to infer general and abstract categories from case law. Such reasoning by induction aims to facilitate the knowledge of administrative law, which essentially consists of case law. Studying this issue in constitutional law is justified by the changes which have occurred in the discipline since the birth of the Conseil Constitutionnel in 1958. Specifically, the development of constitutional case law has led to the assumption that constitutional law has a more empirical dimension and that new relations are being established between academics and judges. In practice, the alternation between empiricism and conceptualism in constitutional law goes beyond the relation between legal scholars and case law. Thus, this study attempts to capture the systematization of law in all stages of the discipline and whatever the sources. The analysis is not only following the changes in the mode of thinking concerning constitutional law by respecting a chronological sequence, it also aims at identifying periods.The conceptualism of the past, inherited from the first treatises on constitutional law at the end of the nineteenth century, has developed the main principles of French constitutional law. Since then, the evolution of doctrinal methods, throughout the twentieth and the early twenty-first century, in conjunction with the development of law itself, subjects these principles to more empirical approaches, bringing them closer to the reality of constitutional law. More precisely, three empirical periods can be identified. The first period emerged after Word War II and is described as “political empiricism” in this study. The second time appeared in the 1970’s and advocates a “legal empiricism”. Finally, the development of the jurisprudence of the Conseil constitutionnel opens the way for “case law empiricism”, widely discussed in this analysis
Ogundele, Ayodeji O. "The United States Supreme Court's Volitional Agendas, 1801-1993: Historical Claims versus Empirical Findings". Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2458/.
Texto completoTrabut, Robin. "Le constitutionnalisme libéral (1814-1877)". Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0157.
Texto completoAlthough the term is only rarely used by constitutionalists, the idea of a liberal constitutionalism does indeed permeate their reasoning. Moreover, the theory of liberal constitutionalism is confused with that of parliamentarianism, on which important works already exist. But if we want to build a scientific history of constitutionalism, we must define the notion of liberal constitutionalism. Positive law is thus clarified by history. This study makes it possible to shed an original legal light on our institutions, while at the same time defining the liberal constitutionalism’s theory
Gren, Marie. "De la suprématie législative à la suprématie constitutionnelle : étude comparée d'un changement de paradigme en France : en Israël et au Royaume-Uni". Electronic Thesis or Diss., Paris 1, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247191703.
Texto completoThe legal system relies on a constitutional paradigm. Dialectics between legal scholars, Parliament vested with constituent power and judges reinforces the consensus underpinning the paradigm. Given the compelling strength of these shared beliefs, a revolutionary process is necessary to overtum the system. At a time of crisis questioning the paradigm, a revolution can subvert the constitutional order if it is approved by the majority of legal actors, and particularly constitutional scholars. A detailed analysis of such a process in constitutional law has rarely been made. A perceptive study of such a phenomenon can be made by comparing the change of paradigm from legal to constitutional supremacy in France, Israel and the United Kingdom. In these three legal orders, the crisis of legislative supremacy lead judges to make revolutionary decisions, striking down a system based on the omnipotence of Parliament. The Constitutional Council Freedom of Association decision, the Israeli Supreme Court Mizrahi Bank case and the House of Lords Factortame case were a revolutionary move towards constitutional supremacy. The creation of a new paradigm, relying on the protection of constitutional norms by judges has then been favored by its acceptance by constitutional experts and sometimes even by Parliament
Dafel, Michael. "The constitutional rebuilding of the South African private law : a choice between judicial and legislative law-making". Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285563.
Texto completoSpencer, Daniela. "The Confrontation Clause: Maryland v. Craig and the Judicial Philosophies of Scalia and O'Connor". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/434.
Texto completoHashemi, S. Ahmad. "The question of freedom within the horizon of the Iranian Constitutional Movement (1906-1921)". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:74388230-d9c6-4c17-850b-bdbceaa0848b.
Texto completoGhodoosi, Farshad. "Iran and the Constitutionalism: History and Evolution and the Impact on International Relations". FIU Digital Commons, 2018. https://digitalcommons.fiu.edu/etd/3720.
Texto completoArlettaz, Jordane, Attila Badó, Kitti Bakos-Kovács, Szilvia Bató, János Bóka, Laureline Congnard, Erzsébet Csatlós et al. "Internationale Konferenz zum zehnjährigen Bestehen des Instituts für Rechtsvergleichung der Universität Szeged = Conférence internationale au 10ème anniversaire de l‘Institut de droit comparé de l‘Université de Szeged". Universität Potsdam, 2014. http://opus.kobv.de/ubp/volltexte/2014/7203/.
Texto completoLajoinie, Tamara. "Le référent historique dans le contentieux constitutionnel comparé". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1063.
Texto completoHistory has always occupied a singular place within the realm of Social Sciences and the question of its functions in comparative judicial review deserves to be raised. This research intends to demonstrate that the historical argument has a decisive impact on constitutional decisions as well as on the substance of fundamental rights and freedoms. History, being systematized in comparative law, through the form of a standard legal argument, contributes, via constitutional review, to the establishment as well to the operation of the rule oflaw, today. The immediate legal logic of such historical impregnation will be analysed through the work of the judge in the motivation of its decisions. In the same perspective, the singular meaning of historical events and their positive or negative impact, feeds judicial interpretation, either breaking away from a tragic historical event or consolidating a glorious historicalheritage. The judge, in accordance with his new social function recognized in western democracies, is lead to repare directly or indirectly, the damages resulting from historical events as well as to strenghten or limitate the scope of fundamental rights, which appear today, historically situated
Picard, Kelly. "La responsabilité de l'État du fait du préjudice historique : réflexion sur la possible reconnaissance d'un dommage constitutionnel". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0531.
Texto completoCan historical facts, several decades after their occurrence, lead to the recognition of an injurious situation, giving rise to a specific form of legal accountability? This doctoral study is set up at the crossroads of constitutional and transitional justice. These latter can be defined as the set of mechanisms seeking to achieve justice after times of massive violence including responsibility, reparations and the recognition of truth. This doctoral study asserts that the failure of justice in the aftermath of extreme violence and mass crimes is likely to generate a specific “historical wrong”. It reveals the necessity to recognize a legal and judicial accountability resulting from an historical wrong. However, the exceptional nature of extreme violence acts generates “extra-ordinary” prejudices, creating a need for the implementation of specific mechanisms beyond the ordinary ones. This thesis will therefore explore the notion of “constitutional damage” as a potential basis to the accountability resulting from historical wrong. Thus, this dissertation exposes a larger issue on the helplessness of the law outside its traditional ordinary mechanisms and on the need to go beyond its limits. It also seeks means to answer and deal with a social reality from which the law would otherwise remain distanced
Spagnolo, Benjamin James. "Kelsen and Raz on the continuity of legal systems : applying the accounts in an Australian context". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a9025e33-e70e-49e9-994f-52f8daa311fd.
Texto completoChurches, Steven C. "An historical survey of the presumption in the common law that general statutes do not bind the Crown /". Title page, contents and abstract only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phc562.pdf.
Texto completoBatchelor, Bronwyn Le Ann. "Constitutional damages for the infringement of a social assistance right in South Africa are monetary damages in the form of interest a just and equitable remedy for breach of a social assistance right". Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/388.
Texto completoNational Research Foundation
Schmitz-Thursam, Trevor Charles. "The Tumult of Amboise and the Importance of Historical Memory in Sixteenth-Century France". PDXScholar, 1994. https://pdxscholar.library.pdx.edu/open_access_etds/4789.
Texto completoVlachogiannis, Apostolos. "Les juges de la Cour Suprême des Etats-Unis et la notion de constitution vivante". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020019.
Texto completoThe Justices of the United States Supreme Court and the notion of the livingConstitutionCan a written constitution evolve over time and adapt itself to the changingneeds and values of society, without being formally amended? If yes, thenwhat about the text? The notion of the living constitution tries to solve theparadox of constitutional change without modification of the text. It is acommon place notion – though subject to fierce criticism, notably byoriginalism - of U.S. constitutional thought, a concept invoked on manydifferent occasions in order to promote constitutional and social change. It hasbeen primarily elaborated by certain Justices of the Supreme Court of theUnited States during the 20th century, who have offered a stimulatingapproach of the nature of the U.S. Constitution. From their point of view, thenotion of the living constitution is based on the idea that the Constitutionevolves over time adapting itself to the ever changing circumstances. It thusleads to a theory of interpretation which treats the constitutional provisionsthat allocate powers or guarantee individual rights as flexible and vital.Furthermore, the notion of the living constitution has been used as a means ofovercoming the barrier of the amendment procedure as prescribed by Article Vof the U.S. Constitution. Therefore, it is marked by the tension between thepermanence of the text and the evolution of constitutional law. In order tojustify this evolution, the Justices who defend the notion of the livingConstitution, have always treated the text as a living document, which mustbe read in light of the aspirations and the high ideals of the American people
Pasquiet-Briand, Tanguy. "La réception de la Constitution anglaise en France au XIXème siècle. Une étude du droit politique français". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020028.
Texto completoThe reformist model of the English Constitution was intellectually predominant in nineteenth century France. As a synthesis of French yearnings for political stability, this representation historicises the liberal achievement of representative government and endorses the legitimacy of innovation through custom. It results from contradictory visualisations of the English Constitution. On the one hand, romantic liberals identify in its institutions the necessary elements to protect individuals from abuses of power and to allow the development of democracy. On the other hand, traditionalists perceive in England’s historical continuity the structuring benefits of social hierarchy and aristocratic freedom. More particularly, French Doctrinaires see through the morphology of the English civilization a society that secures freedom within order. French thinkers recognise in parliamentarism, as a product of England’s institutional evolution, the political regime capable of putting an end to French revolutionary tensions. As a mould that both liberates the energies of individuals and protects the political and social order, it renders the Head of State irresponsible and thus strips him of personal powers. Furthermore, it establishes the reign of public opinion through the superiority of the elected chamber and the recognition of government responsibility. Finally, it disciplines political action through the historical practices inherited from representative monarchy. Based on a political project, parliamentary government in France gives substance to a prudential philosophy of constitutional law. This philosophy views the constitution as an institutional framework within which political action must be able to adapt society to its historical phase of development. The laconism of the constitutional laws of the Third Republic reflects this constitutional reformism. Rather than a circumstantial political compromise, it crystallizes a liberal and conservative constitutional policy. The present study aims to show that it is the result of how the English Constitution has been modeled in France during the nineteenth century
Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
Texto completoMany are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
Millman, Eric. "Substantive Due Process and the Politicization of the Supreme Court". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1905.
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