In Defence of the Common Law Constitution: Unwritten Rights as Fundamental Lawdoi:10.2139/ssrn.1331375Brudner argues that liberal constitutionalism, or the rule of Law, requires the adoption of a written constitution, regulating the respective powers of court anSocial Science Electronic Publishing...
Define common sense. common sense synonyms, common sense pronunciation, common sense translation, English dictionary definition of common sense. n. Sound judgment not based on specialized knowledge. com′mon-sense′ , com′mon·sen′si·cal adj. American
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Such a defence of the doctrine of precedent, based as it is wholly upon con- siderations of form, almost of aesthetic appreciation, has drawn the fire of critics who look more for substance in their search for the best method ofcase adjudication. However, it should be recognized that an ...
Our pre-scientific general beliefs are hardly ever without exceptions; in science, a law with exceptions can only be tolerated as a makeshift. Scientific laws, when we have reason to think them accurate, are different in form from the common-sense rules which have exceptions: they are always,...
Scotus is very clear about the reality of property before the Fall when no human law was instated and no conflict existed for the possession or use of goods. At that time, human beings were morally perfect and found it easy to know and act according to the natural law immanent in the ...
...materials in pursuit of private passions and rather than in the best interest of the common-wealth, which is technically a breach of the Law of Nature; however, this breech does not... (full context) In the distribution of materials, the common-wealth may retain a portion of land ...
In a common-wealth, the sovereign power “is judge of what is necessary for the Peace and Defence of his Subjects.” As the subjects of a common-wealth have given up their right to self-preservation, the sovereign power must endeavor for peace and has an obligation to ensure the personal...
I can’t think of other Western democracies that give their President and a handful of elite insiders so much personal, unfettered power to overrule the rule of law, or democratic process. Stunning.” Katie Hills I”n the grand scheme of things, pardoning Hunter is about as important as ...
(They may already know, but that is no defence under the law, so far as I can tell.) If it comes to trial, I plan to argue that I couldn’t possibly have anticipated that terrorists would violate the terms of service of this blog by reading past the first line. Author steinsaltz...