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adjudication. Value pluralism can translate into legal uncertainty when legal norms reflect different values and: (i) there is no express hierarchy of norms or order of value which prioritizes some values over others; and (ii) there is no other accepted legal method or criteria for balancing and prioritizing conflicting values. These conditions tend to be met by constitutionallaw. Constitutional instruments often express incomplete agreements regarding competing legal values. Most legal orders pursue a number of different constitutional objectives without a clear
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Stan Stephens, Aug. 2, 2018 & Sept. 25, 2018. As a result, most delegates were relatively inexperienced in government, and none, including the professors among them, seems to have had even an academic knowledge of constitutionallaw, history, or drafting. In that pre-Internet era, this left the delegates heavily reliant for technical information on speakers and on staff consultations and publications.
The convention leadership’s series of “distinguished speakers” uniformly promoted a progressive agenda. The “distinguished speakers” were Jesse Unruh, the
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A ‘distinction without a diference’ exists where a linguistic or conceptual diference turns out to have no substantial significance and merely masks two similar, if not identical, objects. As applied to constitutionallaw and interpretation, it means that judges – especially the Justices of the United States Supreme Court – employ the forms and language of law, while their reasoning, motivations and goals are political. As some often say, members of the Supreme Court are properly viewed as “politicians in judges’ robes”.
Is this assertion accurate? The
Giuseppe Martinico, Richard Albert, Antonia Baraggia and Cristina Fasone
Canada is and will for the foreseeable future be a peaceful and prosperous liberal democracy whose Constitution Act, 1867, now 150 years old as of 2017, has become a model for the modern world. The Constitution of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of powers, the judicial function, and the structure of government.
In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna under the auspices of the Sant’Anna Legal Studies project and with the support of the DIRPOLIS (Law, Politics and Development) Institute at the Scuola Sant’Anna, the Canadian Embassy in Italy, and the International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion.
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