Browsing Working Papers by Author "SADURSKI, Wojciech"

Title: “Reasonableness” and Value Pluralism in Law and Politics Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In law, the category of reasonableness, when used in a “strong sense”, is inherently lied up with proportionality, and also with the test of necessity, and thus is a guarantee of a minimal restriction of constitutional ...

Title: Partnering with Strasbourg: Constitutionalization of the European Court of Human Rights, the Accession of Central and East European States to the Council of Europe, and the Idea of Pilot Judgments Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number ...

Title: Rights and Moral Reasoning: An Unstated Assumption Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who ...

Title: Welfare, Resources, and Luck-Egalitarianism Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The leading discourse about luck egalitarianism has been informed by the distinction between equality of welfare and equality of resources. This paper attempts to illuminate its significance by focusing on the status of ...

Title: Two Concepts of Social Equality: What Luck Has Got To Do With It? Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: A conventional distinction – that between an “individualized” and a “collective” concept of social equality – is misleading and unhelpful. This can be best shown by reflecting upon one, particularly interesting, and these ...

Title: Arbitrariness of Social and Natural Differences: Luck, Lottery, and Equality Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: It is sometimes argued that social and natural inequalities which are both arbitrary from a moral point of view should nevertheless have a different moral status in a theory of justice: while inequalities of a social ...

Title: European Constitutional Identity? Author(s): SADURSKI, Wojciech Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal ...

Title: 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union Author(s): SADURSKI, Wojciech Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national ...

Title: Law’s Legitimacy and ‘Democracy-Plus’ Author(s): SADURSKI, Wojciech Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Scrutinizing Discrimination: a Conceptual and Normative Analysis of Legal Equality Author(s): SADURSKI, Wojciech Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Majority Rule, Legitimacy and Political Equality Author(s): SADURSKI, Wojciech Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character ...

Title: Constitutional Courts in the Process of Articulating Constitutional Rights in the Post-Communist States of Central and Eastern Europe Part II: Personal, Civil and Political Rights and Liberties Author(s): SADURSKI, Wojciech Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Constitutional Courts in the Process of Articulating Constitutional Rights in the Post-Communist States of Central and Eastern Europe Part IV: Restrictions on Constitutional Rights Author(s): SADURSKI, Wojciech Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Constitutionalization of the EU and the Sovereignty Concerns of the New Accession States: The Role of the Charter of Rights Author(s): SADURSKI, Wojciech Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Constitutional Courts in the Process of Articulating Constitutional Rights in the Post-Communist States of Central and Eastern Europe Part III:Equality and Minority Rights Author(s): SADURSKI, Wojciech Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: "The Last Thing He Wanted": Realism and Utopia in The Law of Peoples by John Rawls Author(s): SADURSKI, Wojciech Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: "Decommunisation", "Lustration", and Constitutional Continuity: Dilemmas of Transitional Justice in Central Europe Author(s): SADURSKI, Wojciech Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: "It all Depends": The Universal and the Contingent in Human Rights Author(s): SADURSKI, Wojciech Date: 2002 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Constitutional Courts in the Process of Articulating Constitutional Rights in the Post-Communist States of Central and Eastern Europe Part I: Social and Economic Rights Author(s): SADURSKI, Wojciech Date: 2002 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Postcommunist Constitutional Courts in Search of Political Legitimacy Author(s): SADURSKI, Wojciech Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

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