They are (1) susceptibility of unavoidably indeterminate constitutional clauses to prevaricative deployments in political argument, and (2) antecedent bindingness
on rule by current majorities.
is the degree of near absolute bindingness
that characterizes many forms
The first is that it seems to beg the question by assuming (the bindingness
of the moral law) what the argument sets out to prove (the validity of Kant's a priori concepts of morality).
Although such bindingness
is critical, it is not the only feature that renders internal administrative measures lawlike.
of such acts for other bodies, the balance between the acts
This ruling may clarify the types and categories of conditions attached to Wa`d that lead to the bindingness
of Wa`d, especially in the financial instruments that involve promise to enter into contract that is attached to a particular date/time in the future.
According to this line of interpretation, that underlies the analysis of this paper, there are relevant characteristics of WTO dispute settlement decisions: (i) legality, (ii) bindingness
and (iii) undeterminity (open character of the commands of the decisions, which are undetermined but determinable) (JACKSON, 2004).
The Supreme Court's Recent Analyses of the "Bindingness
" of the Guidelines: Peugh v.
As Kelsen (54) sees it, validity amounts to bindingness
, where bindingness
is different from, but not independent of, social efficacy.
their intuitions about the comparative "bindingness
" of each
In robustness checks, we use the quota fill rate (i.e., the ratio of the imported quantity to the quota limit) as a more continuous measure of quota bindingness
. (8) The terms "prod" and "year" indicate product and year fixed effects, respectively, and [alpha] is a constant term.
Schools and educational systems are unable to "awaken and keep awake the binding power of spirit and the bindingness
of the essential, and thus no longer able to force us into reflection" (11).
(165) Litigation testing the juridical quality and bindingness
of treaties in this period demonstrates a full range of argument about the status of Indian nations, their law, and their lands.
A law was only a law if it was based on a norm, which in turn Kelsen defined as something that controlled action and compelled subjects to behave as the norms required--in other words, the test for normativity was bindingness
. (26) Further expanding on this definition in later works, Kelsen further stated that the only source for a norm could be another norm--history, past social practice, etc.
Numerous scholars, however, have noted that this lack of "bindingness
" creates less of a difference between regulations and nonlegislative rules than it might seem.