Browsing Working Papers by Subject "John Rawls"

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Browsing Working Papers by Subject "John Rawls"

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    Title: The Reasonable Adjustment of Basic Liberties. Liberalism and Judicial Balancing  Author(s): VALENTINI, Chiara Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper focuses on the “balancing” model of constitutional adjudication, conceived as a decisionmaking approach aimed to establish a “reasonable” equilibrium among conflicting norms of constitutional rank, so as to ...
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    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 ...