Add to ORKGThe aim of this Article is to introduce and clarify a new way of thinking about decisions in close cases, particularly those that address basic issues of constitutional law. When constitutional language fails to offer an unequivocal directive for decision, the recourse of the judge is not always to look outward toward overarching principles of political morality. In an illuminating array of cases, the acceptable way to resolve the disputes and to explain the results is to turn inward and reflect upon the legal culture in which the dispute is embedded. The way to understand this subcategory of decisions is to interpret them as expressions of the decision makers\u27 constitutional identities
THE CONCEPT OF CONSTITUTIONAL IDENTITY: INDIVIDUAL, RELATIVE AND COLLECTIVE DIMENSIONThis art...
The author argues that the aretaic turn in constitutional theory is an institutional approach to th...
This article deals with the problems of the sens of the application of the concept of constitutiona...
The aim of this Article is to introduce and clarify a new way of thinking about decisions in close c...
The distinction between a concept and its different conceptions plays a prominent role in debates ab...
A multifaceted debate over constitutional interpretation dominates contemporary constitutional schol...
In federal states, constitutional identity is the glue that holds together the Union. On the contrar...
This article presents a normative‐theoretical account of democratic legitimacy that meets the challe...
The study of constitutional law clearly presupposes a theory of interpretation. All too often, howev...
Nearly all of us who participate in constitutional argument in subjective good faith share a second-...
American constitutional theory faces a dilemma. The United States Supreme Court has decided a large ...
To argue that constitutional adjudication is political does not carry us very far unless we go on to...
When courts decide cases, their decisions make law because they become precedent that binds future c...
A multi-faceted debate over constitutional interpretation dominates contemporary legal philosophy. L...
This Article looks at a rare part of the judicial role: those exceptional cases when the judge is ca...
THE CONCEPT OF CONSTITUTIONAL IDENTITY: INDIVIDUAL, RELATIVE AND COLLECTIVE DIMENSIONThis art...
The author argues that the aretaic turn in constitutional theory is an institutional approach to th...
This article deals with the problems of the sens of the application of the concept of constitutiona...
The aim of this Article is to introduce and clarify a new way of thinking about decisions in close c...
The distinction between a concept and its different conceptions plays a prominent role in debates ab...
A multifaceted debate over constitutional interpretation dominates contemporary constitutional schol...
In federal states, constitutional identity is the glue that holds together the Union. On the contrar...
This article presents a normative‐theoretical account of democratic legitimacy that meets the challe...
The study of constitutional law clearly presupposes a theory of interpretation. All too often, howev...
Nearly all of us who participate in constitutional argument in subjective good faith share a second-...
American constitutional theory faces a dilemma. The United States Supreme Court has decided a large ...
To argue that constitutional adjudication is political does not carry us very far unless we go on to...
When courts decide cases, their decisions make law because they become precedent that binds future c...
A multi-faceted debate over constitutional interpretation dominates contemporary legal philosophy. L...
This Article looks at a rare part of the judicial role: those exceptional cases when the judge is ca...
THE CONCEPT OF CONSTITUTIONAL IDENTITY: INDIVIDUAL, RELATIVE AND COLLECTIVE DIMENSIONThis art...
The author argues that the aretaic turn in constitutional theory is an institutional approach to th...
This article deals with the problems of the sens of the application of the concept of constitutiona...