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Journal articles on the topic 'History of the constitutional legal scholarship'

Author: Grafiati

Published: 13 April 2024

Last updated: 31 July 2025

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1

Hinghofer-Szalkay, Stephan G. "Empirical Legal Studies, Comparative Constitutional Law and Legal Doctrine: Bridging the Gaps." Review of Central and East European Law 43, no. 4 (2018): 383–410. http://dx.doi.org/10.1163/15730352-04304002.

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This article looks into the viability of approaches to engaging in empirical comparative constitutional legal analysis. Quantifying the words contained in constitutions, while by no means irrelevant, can only be an element in this. Their actual importance according to case law and other empirical data highlights the need for caution in drawing far-ranging comparative conclusions from such quantifications for constitutional legal systems. It is argued that the key phenomenon driving these systems can be found elsewhere: In the paradigmatic concepts of a particular system of legal scholarship, o

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Kalman, Laura. "In Defense of Progressive Legal Historiography." Law and History Review 36, no. 4 (2018): 1021–88. http://dx.doi.org/10.1017/s0738248018000421.

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This article surveys the debate between “progressives” and “revisionists” about the Constitution and constitutional interpretation during the late nineteenth and early twentieth centuries. Contemporary revisionist scholarship assumes that its victory over progressive scholarship is complete. The article suggests otherwise. First, it summarizes the revisionists’ achievements. Second, in an attempt to improve the quality of the debate, it maintains that “revisionist” and “progressive” legal historians undermine their cases by using words like “progressive,” “Gilded Age,” and “Jacksonian,” and th

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Desierto, Diane A. "Treaties in the Philippine Constitutional System." ICL Journal 16, no. 1 (2022): 27–134. http://dx.doi.org/10.1515/icl-2021-0035.

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Abstract International law has always had a dual significance to the Philippine constitutional system. On the one hand, the frequent articulation of international law principles within modern Philippine constitutional norms, statutes, and administrative rules demonstrate an outward-looking normative ethos – one I have described in other scholarship to be consistent with the 1987 Philippine Constitution’s ‘universalist history’. On the other hand, the considerable volume of Philippine jurisprudence applying international law norms to date overwhelmingly illustrate how Philippine litigants have

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Ragazzoni, David. "Parties, Democracy, and the Ideal of Anti-factionalism: Past Anxieties and Present Challenges." Ethics & International Affairs 36, no. 4 (2022): 475–85. http://dx.doi.org/10.1017/s089267942200051x.

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AbstractThis essay weaves together the history of political and legal thought, contemporary democratic theory, and recent debates in legal scholarship to examine the ambivalent relationship between political parties and democracy. Celebrated as a structural necessity for the mechanics of democratic government, political parties are also handled with suspicion for their hybrid nature—neither entirely public nor completely private—and for their always-possible regression into factions. Anti-factionalism, I show, has been a powerful ideal driving constitutional imagination and practice over the c

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O’Regan, Catherine. "Some Reflections on Theunis Roux’s Grand Narratives of Transition and the Quest for Democratic Constitutionalism in India and South Africa." Verfassung in Recht und Übersee 57, no. 1 (2024): 72–81. http://dx.doi.org/10.5771/0506-7286-2024-1-72.

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Theunis Roux’s “Grand Narratives of Transition and the Quest for Democratic Constitutionalism in India and South Africa” is an important piece of comparative constitutional scholarship that will be of interest not only to scholars of the Indian and South African constitutional experience, but to all who are interested in the global practice of constitutionalism. It displays Roux’s rare ability to traverse history, politics, social and political theory, and legal doctrine and to produce a thought-provoking argument that calls for engagement.

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KAMBERI, Donika, and Shefik SHEHU. "THE FAILURE OF EUROPEAN CONSTITUTION." International Journal of Legal Sciences-JUSTICIA 12, no. 21-22 (2024): 65–69. http://dx.doi.org/10.62792/ut.jus.v12.i21-22.p2754.

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The debate about the failure of the European Constitution has tended to polarize many scholars regarding the reasons why the European Constitution failed. However, having looked backwards into history in order to receive a more general overview a remaining puzzle is still there. In constitutional scholarship many efforts have been spent in trying to detach the concept of constitution from the nation-state framework and put it into a transnational concept even though in legal and political rhetoric the constitution appears to be linked with the nation-state only. The process in establishing a c

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Leib, Ethan J. "Three Modalities of (Originalist) Fiduciary Constitutionalism." American Journal of Legal History 63, no. 3 (2023): 183–95. http://dx.doi.org/10.1093/ajlh/njad004.

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Abstract There is an ongoing body of scholarship in contemporary constitutional theory and legal history that can be labeled ‘fiduciary constitutionalism’. Some have wanted to strangle this work in its cradle, offering an argument pitched ‘against fiduciary constitutionalism’, full stop. But because there are enough different modalities of fiduciary constitutionalism—and particularly originalist varieties of it at the center of recent critiques—it is worth getting clearer about some methodological commitments of this work to help evaluate its promise and potential pitfalls. This article develo

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Baker, G. Blaine. "The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire." Law and History Review 3, no. 2 (1985): 219–92. http://dx.doi.org/10.2307/743630.

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Theavailabilityof the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual for

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JOH, DONG EUN. "Constituent Power: A Concept in Renewal." Korean Constitutional Law Association 29, no. 2 (2023): 35–90. http://dx.doi.org/10.35901/kjcl.2023.29.2.35.

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The concept of constituent power is often invoked in jurisprudence and literature to account for the origin and supremacy of the constitution, the limits of constitutional amendment, and the basis of constitutional interpretation. Nevertheless, the concept of constituent power has been under criticism for quite some time, and there remains today some full-fledged arguments to dispense with it as a mythical concept, unnecessary or harmful. In order to answer the question of whether the concept of constituent power has meaning and value on the horizon of constitutional law scholarship today, it

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Bilder, Mary Sarah. "James Madison, Law Student and Demi-Lawyer." Law and History Review 28, no. 2 (2010): 389–449. http://dx.doi.org/10.1017/s0738248010000052.

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We think of James Madison as a political theorist, legislative drafter, and constitutional interpreter. Recent scholarship has fought fiercely over the nature of his political thought. Unlike other important early national leaders—John Adams, Alexander Hamilton, Thomas Jefferson, John Marshall, Edmund Randolph, James Wilson—law has been seen as largely irrelevant to Madison's intellectual biography. Madison, however, studied law and, at least in one extant manuscript, took careful notes. These notes have been missing for over a century, and their loss contributed to the sense that Madison must

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Sterett, Susan. "Constitutionalism and Social Spending: Pennsylvania's Old Age Pensions in the 1920s." Studies in American Political Development 4 (1990): 230–47. http://dx.doi.org/10.1017/s0898588x00000936.

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Rather than studying only what appellate courts do, scholars of law and society have been pointing out that the interpretation of law is an enterprise many engage in—e.g., lawyers, administrative officials, and the lay public, as well as courts. Recent scholarship has broadened the analysis of constitutional law in a way that is not Supreme Court centered. Scholars have focused on constitutionalism as the idea that words written down limit and shape political practice. For example, Michael Kammen's work shows the continuing and repetitive celebrations of the Constitution in American life, cele

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Newman, Dwight, and Lorelle Binnion. "The Exclusion of Property Rights from the Charter: Correcting the Historical Record." Alberta Law Review 52, no. 3 (2015): 543. http://dx.doi.org/10.29173/alr23.

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Canada’s Constitution has been described as an outlier among the liberal constitutions of the world because it lacks a property rights provision. The history of how property rights came to be excluded has received relatively limited consideration. This article seeks to correct the historical record by utilizing forms of analysis within legal scholarship.

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Yannakakis, Yanna. "Interpreting the History of Native Custom in Oaxaca, Mexico." Ethnohistory 70, no. 2 (2023): 135–52. http://dx.doi.org/10.1215/00141801-10266803.

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Abstract This article addresses the opportunities and challenges for researching the history of Indigenous custom during a period in which constitutional and legal reform have led to the recognition of customary law as an official framework for local governance and the administration of justice in Oaxaca, Mexico. The article begins by situating Oaxaca’s laws within the context of broader neoliberal reforms in Latin America characterized by the promulgation of multicultural constitutions recognizing the legal jurisdiction and cultural autonomy of Indigenous communities. Some Indigenous intellec

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Szente, Zoltán. "Constitutional Changes in Populist Times." Review of Central and East European Law 47, no. 1 (2022): 12–36. http://dx.doi.org/10.1163/15730352-47010001.

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Abstract The article examines the impacts of populist government in Hungary on constitutional law since 2010. The criterion of the analysis is whether the comprehensive and radical changes that took place during this time have been characterized by the distinctive traits, ambitions and values that the scholarship attributes to populism and ‘populist constitutionalism’, above all anti-elitism, anti-institutionalism, anti-pluralism, the emphasis on popular sovereignty and direct democracy, and an instrumental conception of law. For this purpose, it examines the major changes in the constitutiona

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Kornbluh, Felicia. "Queer Legal History: A Field Grows Up and Comes Out." Law & Social Inquiry 36, no. 02 (2011): 537–59. http://dx.doi.org/10.1111/j.1747-4469.2011.01241.x.

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This essay examines recent scholarship on the legal history of sexuality in the United States. It focuses on Margot Canaday's The Straight State: Sexuality and Citizenship in Modern America (2009) and Marc Stein's Sexual Injustice: Supreme Court Decisions from Griswold to Roe (2010). It also reviews recent work on the history of marriage, including Sarah Barringer Gordon's The Spirit of the Law: Religious Voices and the Constitution in Modern America (2010) and George Chauncey's Why Marriage? The History Shaping Today's Debate Over Gay Equality (2004), and the history of military law Defending

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Kennedy, Sheila Suess. "Thirty years of public management scholarship: plenty of “how,” not enough “why”." International Journal of Public Sector Management 30, no. 6-7 (2017): 566–74. http://dx.doi.org/10.1108/ijpsm-04-2017-0111.

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Purpose The purpose of this paper is to determine the overarching lessons to be gleaned from 30 years of public management literature. Design/methodology/approach The methodology was simple: review the professional literature generated during that time period. Findings Despite important contributions to our understanding of everything from bureaucratic motivation, public budgeting processes, the promises and pitfalls of contracting out and identification of the skills needed to be an effective public manager, to the scientific arcana of sustainability and the respective responsibilities of pub

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Byrne, Rosemary, Gregor Noll, and Jens Vedsted-Hansen. "Understanding the crisis of refugee law: Legal scholarship and the EU asylum system." Leiden Journal of International Law 33, no. 4 (2020): 871–92. http://dx.doi.org/10.1017/s0922156520000382.

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AbstractIn 2015 Europe’s refugee protection crisis triggered the effective collapse of the world’s most complex regional framework for asylum. A development both unexpected and unexplained by the hierarchical model of European asylum law that tends to dominate the scholarly field. The abandonment among member states of core obligations under international and EU law and the principles of solidarity and good faith is central to this crisis. This dynamic has been in the making since the accession process when EU membership was offered in exchange for transposing international obligations through

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Reeve, L. J. "The Legal Status of the Petition of Right." Historical Journal 29, no. 2 (1986): 257–77. http://dx.doi.org/10.1017/s0018246x00018732.

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One hundred years ago the most scholarly of the whig historians, Samuel Rawson Gardiner, gave the Petition of Right a leading place in his interpretation of early Stuart England, as the beginning of a constitutional revolution in which parliament took sovereignty from an autocratic Stuart monarchy. To Gardiner this was part of a movement, his portrayal of which was coloured by ideas of patriotism and moral good, and which had the sanction of historical inevitability. Clearly there were serious flaws built into Gardiner's view: teleology, narrowness of theme, implausible simplicity, belief in i

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Duncanson, Ian W. "Seen from Afar: An Outsider's Response to the Hurst Symposium." Law and History Review 18, no. 1 (2000): 181–86. http://dx.doi.org/10.2307/744354.

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Given the large body of expert writing about Hurst's scholarship in the United States, including the contributions to the present symposium, the most useful course for an outsider seems to me to be to ask a type of Foucauldian question: what is it about the fact of Hurst's writing what he did, at the time he did, that is strange to one foreign to the tradition to which Hurst and his commentators and critics belong? Why was a lawyer in the U.S., so long before legal scholars elsewhere in the Anglophone world, able to see the necessity of conceiving law in context, perhaps moving, as Novak sugge

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Lindseth, Peter L. "Equilibrium, Demoi-cracy, and Delegation in the Crisis of European Integration." German Law Journal 15, no. 4 (2014): 529–67. http://dx.doi.org/10.1017/s2071832200019040.

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As my work has argued previously, European integration enjoys an “administrative, not constitutional” legitimacy. This view is in obvious tension with the deeply-rooted conceptual framework—what we might call the “constitutional, not international” perspective—that has dominated the public-law scholarship of European integration over many decades. Although the alternative presented in my work breaks from that traditional perspective, we should not view it as an all-or-nothing rejection of everything that has come before it. The administrative alternative can be seen, rather, as providing legal

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Waldie, Augusta. "Contesting an Elastic Constitution: British Nationality and Protection in the Mandates." Britain and the World 16, no. 2 (2023): 168–91. http://dx.doi.org/10.3366/brw.2023.0407.

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Current studies of British citizenship and nationality neglect the development of legal frameworks prior to the Second World War. A growing body of literature, invigorated by the 2017 Windrush scandal, charts the collapse of imperial citizenship as a dimension of British decolonisation from the 1960s onwards. In contrast, this article analyses how the British empire’s framework of national belonging became strained during the early 1920s, as Dominion leaders increasingly asserted their own sense of statehood and the League of Nations mandates system introduced new forms of imperial rule. The a

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Verhoeven, Tim. "In Defense of Civil and Religious Liberty: Anti-Sabbatarianism in the United States before the Civil War." Church History 82, no. 2 (2013): 293–316. http://dx.doi.org/10.1017/s0009640713000097.

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The decades before the Civil War witnessed a series of battles over the meaning and legal status of the American Sabbath. Scholarship has focused on the Sabbatarian movement, a cluster of evangelical churches that sought to institutionalize the Sunday Sabbath. This article takes a new approach by investigating the anti-Sabbatarian movement. In a series of controversies, from Sunday mail in the Jacksonian era to the running of Sunday streetcars on the eve of the Civil War, anti-Sabbatarians rallied against Sabbath laws as an infringement of civil and religious liberty. Though diverse in orienta

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Wills, Peter, and Mary Angela Rowe. "The Prudent Parliament and Section 24(1)." Constitutional Forum / Forum constitutionnel 33, no. 2 (2024): 39–52. http://dx.doi.org/10.21991/cf29482.

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The appeal of Attorney General of Canada v Power was heard by the Supreme Court of Canada on December 7, 2023. The case concerns the availability of damages under section 24(1) of the Charter for legislative action. In response, our paper argues: 1) the text of section 24(1) does not bar damages for unconstitutional legislation; 2) the history of section 24(1) points towards damages for legislative action; 3) unwritten constitutional principles suggest courts should treat different types of damages differently; 4) precedent suggests Crown liability for unconstitutional legislation should proce

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Benton, Lauren. "From International Law to Imperial Constitutions: The Problem of Quasi-Sovereignty, 1870–1900." Law and History Review 26, no. 3 (2008): 595–619. http://dx.doi.org/10.1017/s0738248000002583.

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The roots of the international legal order have often been traced to intertwining scholarly and political traditions dating back to the early seventeenth century, in particular to early writings in international law and the rise of the nation-state in Europe. Recent scholarship has attacked this narrative from many angles. One approach has been to reexamine early modern European politics and discourse, in particular questioning whether, for example, the publication of Grotius's writings, or the Peace of Westphalia, functioned as a foundational moment in the history of the interstate order. A s

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Garfinkel, Paul. "A Wide, Invisible Net: Administrative Deportation in Italy, 1863–1871." European History Quarterly 48, no. 1 (2018): 5–33. http://dx.doi.org/10.1177/0265691417741854.

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This article examines the legal history of domicilio coatto (forced residence), a system of summary police-administered deportation instituted by Italy’s Liberal government soon after national unification in 1861. Introduced in an emergency law in 1863, its limited purpose was to suppress a public-order crisis in the south. Within just eight years, however, forced residence had become a regular institution of Italian criminal justice. Not only did it remain as such until Mussolini’s seizure of power in 1922, but it also provided an important blueprint for confino di polizia, the Fascist varian

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Jefferis, Danielle. "Carceral Intent." Michigan Journal of Race & Law, no. 27.2 (2022): 323. http://dx.doi.org/10.36643/mjrl.27.2.carceral.

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For decades, scholars across disciplines have examined the stark injustice of American carceralism. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the state’s power to incarcerate. These intent requirements include the “deliberate indifference” standard of the Eighth Amendment, which regulates prison conditions, and the “punitive intent” standard of due process jurisprudence, which regulates the scope of confinement. This Article coins the term “carceral intent” to refer collectively to those legal intent requirement

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Magomedova, O. S. "Concept of International Legal Policy in Foreign Comparative Legal Studies." Moscow Journal of International Law, no. 3 (December 26, 2020): 27–43. http://dx.doi.org/10.24833/0869-0049-2020-3-27-43.

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INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However internationa

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Arjomand, Saïd Amir. "THE CONSTITUTION OF MEDINA: A SOCIOLEGAL INTERPRETATION OF MUHAMMAD'S ACTS OF FOUNDATION OF THE UMMA." International Journal of Middle East Studies 41, no. 4 (2009): 575a. http://dx.doi.org/10.1017/s002074380999033x.

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This study offers a sociolegal interpretation of the ancient extant document generally referred to in modern scholarship as the “Constitution of Medina,” showing it to be a three-part composite document written between 622 and 627. Each part has considerable formal coherence as a legal deed. The first part was the deed of foundation of Muhammad's umma, not yet a community of individual believers but a confederation of clans and their clients unified in the struggle in the path of God. The execution of capital punishment for murder was transferred from the clans to the community. The second par

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Dugard, Jackie. "Water Rights in a Time of Fragility: An Exploration of Contestation and Discourse around Cape Town’s “Day Zero” Water Crisis." Water 13, no. 22 (2021): 3247. http://dx.doi.org/10.3390/w13223247.

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South Africa is an interesting case study on the right to water. It is an upper-middle income country with a history and current reality of extreme racialised inequality, including the water services sphere. It is water scarce, and during 2018, Cape Town was expected to be the first major metropolitan city in the world to run out of water. South Africa has one of the most progressive constitutions in the world, which incorporated socio-economic rights including the right to water as explicitly justiciable long before the international right to water was recognised. However, despite clear water

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Price, Peter. "Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions." Perspectives on Federalism 9, no. 3 (2017): E—31—E—56. http://dx.doi.org/10.1515/pof-2017-0019.

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Abstract Constitutional scholarship in Canada since Confederation has been characterized by two primary narratives. The dualist narrative, which characterized constitutional scholarship between the late-nineteenth and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth century, focusses on the federal constitution as a singular foundation of constitutionalism in Canada. As a result of the shift from dualism to monism, provincial constitutions h

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Petersen, Niels, and Emanuel V. Towfigh. "Network Analysis and Legal Scholarship." German Law Journal 18, no. 3 (2017): 695–700. http://dx.doi.org/10.1017/s2071832200022124.

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In their contribution in this issue Mattias Derlén and Johan Lindholm use social network analysis to show that the European Court of Justice is a precedent-driven constitutional court that is comparable to the US Supreme Court with regard to the citation of precedents. The article and its use of network analysis as a method provoked a lively debate on the editorial board of theGerman Law Journalabout comparative law theory and methods generally and the place of empirical (including network) analyses in the comparative law discipline. For this reason, the editorial board commissioned this “spec

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White, G. Edward. "The Arrival of History in Constitutional Scholarship." Virginia Law Review 88, no. 3 (2002): 485. http://dx.doi.org/10.2307/1073979.

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Gallarati, Francesco. "Is Climate Emergency a Constitutional Emergency?" Italian Review of International and Comparative Law 3, no. 2 (2023): 448–68. http://dx.doi.org/10.1163/27725650-03020015.

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Abstract More than 2,000 public authorities worldwide have to date declared a “climate emergency”. Can these declarations be framed within the constitutional category of emergency? And what legal consequences do they entail? To answer these questions, this paper confronts the basic features of constitutional emergencies, as arising from legal scholarship and contemporary Constitutions, with the characteristics of the climate issue. The conclusion is that climate change cannot be framed within the category of constitutional emergency, but rather in that of constitutional crisis, as it does not

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Ding, Xiaodong. "Reimagining Law and the Constitution: Carl Schmitt and American Constitutional Scholarship." ICL Journal 13, no. 4 (2020): 403–27. http://dx.doi.org/10.1515/icl-2019-0023.

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AbstractThis article studies the debate between Schmitt’s theory and legal positivism, which Schmitt identifies as a typical liberal theory of law. Schmitt’s theory, I argue, provides a powerful critique of legal positivism, while offering a meaningful, alternative understanding of law that begins not with norms, but with the will of a legitimate decider. To demonstrate the continuing relevance of the debate Schmitt had with legal positivism, I turn to what I describe as a similar legal positivism/Schmitt debate in American constitutional scholarship. Ultimately, I take a side in this debate,

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Uitz, Renáta. "Constitutional practices in times “after liberty”." Sravnitel noe konstitucionnoe obozrenie 30, no. 6 (2021): 34–69. https://doi.org/10.21128/1812-7126-2021-6-34-69.

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This chapter discusses the puzzle of illiberal practices as a constitutional problem. Illiberal rulers tend to gradually arrogate executive powers and secure their hold on elected office, while insulating themselves from the potential adverse legal consequences of their actions, in the manner of Caesaristic plebiscitary leadership. As a result, they restrict political competition and contestation, the plurality of the political community, and ultimately, individual liberty. The age of illiberal democracy is one “after liberty.” This chapter situates scholarship on illiberal constitutional prac

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Cornell, Saul. "Moving Beyond the Canon of Traditional Constitutional History: Anti-Federalists, the Bill of Rights, and the Promise of Post-Modern Historiography." Law and History Review 12, no. 1 (1994): 1–28. http://dx.doi.org/10.1017/s0738248000011238.

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Few aspects of post-structuralist literary criticism have garnered as much attention and provoked as much controversy as the move to challenge the idea of a fixed literary canon of great texts. The implications of deconstructing the canon extend well beyond the study of fiction. All fields of scholarship have a canon of established texts, methodologies, and questions. Critiques of the literary canon resemble the challenge to conventional history posed by the new social history and its efforts to write a history from the bottom up that would supplant traditional historical scholarship. A simila

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Yolcu, Serkan. "East Nordic Model of Pre-Enactment Constitutional Review: Comparative Evidence from Finland and Sweden." European Public Law 26, Issue 2 (2020): 505–36. http://dx.doi.org/10.54648/euro2020053.

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For the last three decades, legal scholarship on the judicial review of legislation has dominated comparative constitutional studies. Moreover, one of the emerging interests in comparative constitutional law is pre-enactment (ex ante) control of constitutionality. Historically, legal thinking in the US has advanced judicial review, while British tradition has prioritized parliamentary sovereignty, in which parliament, not courts, is the ultimate decision maker related to constitutional disputes. The current scholarship, nevertheless, argues that a particular constitutional model has emerged in

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Khamar Jahan Shaik. "Law, Culture, And Social Norms: Understanding Customary Practices in Conflict with Constitutional RightS." Journal of Information Systems Engineering and Management 10, no. 3 (2025): 1791–802. https://doi.org/10.52783/jisem.v10i3.8663.

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The coexistence of customary practices and formal constitutional frameworks presents an enduring legal and normative dilemma, particularly within pluralistic and postcolonial societies. While cultural traditions offer continuity, identity, and social cohesion, they may simultaneously perpetuate exclusionary or discriminatory norms that stand in direct conflict with constitutional guarantees such as gender equality, human dignity, and access to justice. This review interrogates the deeply entangled relationship between law, culture, and social norms, illuminating how entrenched customary system

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Mustofa, Mustofa, Hisam Ahyani, Doddy Afandi Firdaus, Haris Maiza Putra, Arwansyah Bin Kirin, and Zakiyyu Muhammad. "Strengthening Zakat Regulation through the Siyāsah Māliyah Approach: A Constitutional and Legal Analysis of Indonesia and Malaysia." JURIS (Jurnal Ilmiah Syariah) 24, no. 1 (2025): 111. https://doi.org/10.31958/juris.v24i1.14637.

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This study addresses the critical need to strengthen zakat regulation in Indonesia and Malaysia by developing a concrete regulatory model called the Siyāsah Zakat Regulatory Framework (SZRF). Both countries, with significant Muslim populations and distinct constitutional systems, face challenges in ensuring sustainable, accountable, and legally certain zakat governance. The SZRF model integrates constitutional values with Islamic legal principles derived from uṣūl al-fiqh, such as maṣlaḥah (public interest), istihsān(juridical preference), and sad al-dharā’i (blocking harmful means), to create

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Martinico, Giuseppe. "Review Essay –Principles of European Constitutional Law (Armin Von Bogdandy & Jurgen Bast eds., 2006)." German Law Journal 10, no. 11 (2009): 1551–60. http://dx.doi.org/10.1017/s207183220001837x.

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Recently the GermanBundesverfassungsgericht(Federal Constitutional Court) knocked on the European Union's door with its impressive judgment on the Lisbon Treaty, recalling all the weight of the German scholarship tradition steeped in the German dogmatic flavor: the attention to the history of sovereignty and the attempt to catch all the European Union constitutional system's life revealed the systemic approach peculiar to the German dogmatic scholarship.

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Carrington, Paul D. "The Constitutional Law Scholarship of Thomas McIntyre Cooley." American Journal of Legal History 41, no. 3 (1997): 368. http://dx.doi.org/10.2307/846245.

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Dawson, Mark. "Constitutional Dialogue between Courts and Legislatures in the European Union: Prospects and Limits." European Public Law 19, Issue 2 (2013): 369–96. http://dx.doi.org/10.54648/euro2013022.

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The concept of 'constitutional dialogue' has become a focal point of US and Canadian public law scholarship. This concept sees judicial review not as a check on majority preferences but instead as part of a deliberation between the legislative and judicial branches over how constitutional commitments and general political objectives can be integrated. This article will explore the prospects and limits of developing the dialogue concept in the context of the present-day European Union (EU). The article will present a two-part argument: While the EU's political and legal diversity make the idea

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Parry, R. Gwynedd. "Is legal biography really legal scholarship?" Legal Studies 30, no. 2 (2010): 208–29. http://dx.doi.org/10.1111/j.1748-121x.2009.00149.x.

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This paper examines the recent resurgence of interest in the legal biography among legal scholars. It argues that the legal biography has traditionally been treated with suspicion within the English law school due to ideological and methodological concerns about the intellectual validity and robustness of the form, and because of reservations about its true disciplinary province. Through a literary survey of legal biography, it claims a tension between intellectual and empirical approaches that parody the tension between the internal and external traditions in legal history. More recent biogra

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Kravets, Igor. "Digital citizenship and constitutional challenges in the information and algorithmic society." Sravnitel noe konstitucionnoe obozrenie 32, no. 2 (2023): 93–123. https://doi.org/10.21128/1812-7126-2023-2-93-123.

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The article discusses the algorithmic and inclusive paradigm of constitutionalism and constitutional law; the conceptual foundations of digital citizenship and the constitutional challenges of the information and algorithmic society in the context of international scholarly discussion in comparative constitutionalism and jurisprudence, information law, and information technology law; scholarly and interpretative approaches to understanding digital citizenship; and the vectors of development and transformation of the institution of citizenship in constitutional and legal communication and in th

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Hermawan, Asep. "The Influence of Political Ideology on Legal Decision-Making." Journal of Law and Social Politic 3, no. 1 (2025): 75–84. https://doi.org/10.46799/jlsp.v3i1.56.

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The intersection of political ideology and judicial decision-making has been a subject of extensive debate in legal and political scholarship. Courts, especially in common law jurisdictions, are often viewed as impartial arbiters of justice. However, empirical research suggests that judges' ideological leanings influence their rulings, particularly in politically charged cases. This study aims to explore the extent to which political ideology shapes judicial reasoning and decision-making processes. Utilizing a qualitative approach, this research analyzes judicial opinions, legal commentaries,

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Riegner, Michael. "The Directive Constitution in the Varieties of Constitutionalism: An Introduction." Verfassung in Recht und Übersee 56, no. 3 (2023): 493–505. http://dx.doi.org/10.5771/0506-7286-2023-3-493.

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This overview article introduces the special issue on “The Directive Constitution in the varieties of constitutionalism”, which revisits debates on the constituição dirigente in Portugal and Brazil, analyses the genealogy, substance and evolution of the concept, and compares it to its Anglophone sibling transformative constitutionalism. The article argues that studying directive constitutionalism makes important contributions to comparative constitutional scholarship, especially to debates on constitutional typology and non-liberal varieties of constitutionalism, to the literature on constitut

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Ireland, Richard W. "A Legal History of Legal History in England and Wales." Acta Universitatis Lodziensis. Folia Iuridica 99 (June 30, 2022): 99–111. http://dx.doi.org/10.18778/0208-6069.99.07.

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This article explores the development of the study of legal history as a subject in the law schools of England and Wales. It outlines changes in university education more generally, and in legal scholarship in particular and how those changes impact the particular subject under study. Drawing on empirical studies and personal reflections relating to past experience it concludes by speculating on potential different outcomes, both positive and negative, which may emerge when the universities of England and Wales emerge from the uncertainty of the COVID-19 pandemic, during which the piece was wr

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Wallinga, Tammo. "The Common History of European Legal Scholarship." Erasmus Law Review 4, no. 1 (2011): 3–19. http://dx.doi.org/10.5553/elr221026712011004001002.

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Hyman, Harold M. "Abraham Lincoln, Legal Positivism, and Constitutional History." Journal of the Abraham Lincoln Association 13, no. 1 (1992): 1–11. https://doi.org/10.5406/19457987.13.1.03.

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Brezhnev, O. V. "USSR CONSTITUTIONAL OVERSIGHT COMMITTEE: HISTORY, LEGAL STATUS, ACTIVITY." Proceedings of the Southwest State University 22, no. 1 (2018): 211–16. http://dx.doi.org/10.21869/2223-1560-2018-22-1-211-216.

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This article considers the history of the creation and legal status of USSR Constitutional Oversight Committee, a specialized body established to ensure legal protection of the Constitution of the USSR. It is noted that the formation of this institution should be viewed with respect to the tasks set in the Soviet state in the late 1980s and early 1990s: democratization of state administration, overcoming separatist tendencies, implementation of radical economic reform, and formation of a socialist legal state. In the study, the author used analytical, formal-legal methods, the method of abstra

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