267) Accordingly, the practical limitations of the judicial remedy for the violation of a state's constitutionalized
entitlement depend on whether plaintiffs challenge state action or inaction.
We can see in hindsight that the Lochner era's antiregulatory cases constitutionalized
a laissez-faire picture of the economy precisely because they reached beyond the liberty-of-contract doctrine that decided Lochner itself and shaped other areas, including structural issues not formally concerned with direct protection of personal rights.
Democratic principles of liberty, individual rights, justice, equity and respect for democratic principles and institutions were constitutionalized
Again, in the mid 20th century, the rhetoric of separation was revived and ultimately constitutionalized
by anti-Catholic elites, such as Justice Black, and fellow travelers in the ACLU and Protestants and Other Americans United for the Separation of Church and State, who feared the influence and wealth of the Catholic Church and perceived parochial education as a threat to public schools and democratic values.
If Health Services had, despite protestations to the contrary, constitutionalized
the Wagner model (as Hogg claimed), then the farm workers could challenge remaining deficiencies of the AEPA.
(2) form of negligence liability
The framers, as Justice Anthony Kennedy said, "had little trouble distinguishing corporations from human beings, and when they constitutionalized
the right to free speech in the First Amendment, it was the free speech of individual Americans that they had in mind.
South Sudan was there during 1997 Khartoum and Fachoda Peace agreements, which constitutionalized
for the first time in the history of the independent Sudan the right of self-determination for the people of Southern Sudan.
The answer again is yes because the Fourteenth Amendment had constitutionalized
the Civil Rights Act of 1866, which said that African Americans had the "same" right to make contracts as was enjoyed by a white citizen.
The papers explore such topics as the European Union as a promoter of minority rights, the work of the Advisory Committee of the Framework Convention for the Protection of National Minorities and Equality Promotion and the Organization for Security and Cooperation in Europe's High Commissioner on National Minorities, comparative European institutional and Hungarian approaches to Roma minorities, the legal framework for social inclusion of Roma and Egyptian minorities in Albania, minority politics in Slovakia, minority integration through constitutionalized
hegemony and fictive pluralism in Estonia, the role of Romani non-governmental organizations in integration of Macedonian society, and Romani teaching assistants in the Czech education system.
He argues, quite correctly, that human rights are now the focal point of the international system, the sine qua non of the juridified and constitutionalized
international legal system.
Although normally treated in differing terminology, a central bank that remains genuinely independent of political authority has been, in part, constitutionalized
Whereas representative democratic mechanisms have generally been built around preexisting institutional structures of sovereign states (through processes of state democratization), the global political domain infamously lacks any firmly constitutionalized
or sovereign structures that could constitute an analogous institutional backbone within a democratic global order; instead, global public power can best be characterized as "pluralist" in structure.
However, there are two distinct routes by which the confessions rule might be constitutionalized
Health Services decision, the Supreme Court of Canada (SCC) constitutionalized
labour's right to bargain collectively.