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Journal ArticleDOI

Organizing the Impossible: Constitutional Law and Practice in Icaria

Theodore Georgopoulos
- 20 Oct 2014 - 
- Vol. 25, Iss: 2, pp 321-340
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TLDR
In this paper, the authors scrutinize the key features of the Icaria's constitution and analyze the problems related to the enforcement of a Utopian constitution in a real social and political context.
Abstract
Icaria is one of those rare moments in social history when the Utopian dream has been tested in political and social practice. Based on legal settlements, the Icarian experience at Nauvoo offers a unique opportunity to check the relationship among law, Utopia, and dystopia. The essay scrutinizes the key features of the Icaria’s constitution and analyzes the problems related to the enforcement of a Utopian constitution in a real social and political context.

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The 'Checks and Balances' Doctrine in Member States as a Rule of EC Law: The Cases of France and Germany

TL;DR: In this article, the authors argue that the mutation of the Judiciary and the Executive role vis-a-vis the Legislature appears to be an application of an emerging doctrine in EC public law that conspicuously resembles the "Checks and Balances" theory of American constitutionalism.
References
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Book

The Concept of Law

H. L. A. Hart
TL;DR: The Foundations of a Legal System as mentioned in this paper is an example of a legal system based on formalism and rule-scepticism, and it can be seen as a union of primary and secondary rules.
Book

The Constitution of Liberty

TL;DR: Hayek's "The Constitution of Liberty" as discussed by the authors is a thorough exposition of a social philosophy which ranges from ethics and anthropology through jurisprudence and the history of ideas to the economics of the modern welfare state.
Journal ArticleDOI

The Concept of Law.

Book

The Concept of the Political

Carl Schmitt
TL;DR: The concept of the political, expanded edition of Schmitt's "The Age of Neutralization and Depoliticization" as mentioned in this paper is a classic in political theory and philosophy, with a foreword by Tracy B. Strong.
Book

Sovereign Virtue: The Theory and Practice of Equality

TL;DR: Equality is the endangered species of political ideas: even left-of-centre politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension as discussed by the authors.