Sandro, P. orcid.org/0000-0002-0601-9031 (2023) For a Moderate Vision of the Structure of Constitutional Democracy (Per una visione moderata della struttura della democrazia costituzionale). Notizie di Politeia, 39 (151). pp. 160-165. ISSN 1128-2401
Abstract
In this short reply, I address the comments by Antonia Baraggia and Susanna Pozzolo on my recently published book The Making of Constitutional Democracy: From Creation to Application of Law. As to Baraggia’s comments, I highlight what I take to be the gist of the argument put forward in the book about the common structure of modern constitutionalism and how the apparent differences between different models should be understood. As to Pozzolo’s critical engagement, I contend that even her favoured legal realist approach – using the interesting concept of legal routines – cannot escape the internal tension of any legal realist attempt that purports to explain the area of legal determinacy.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This item is protected by copyright. Reproduced with permission from Politeia. |
Keywords: | Constitutional democracy; Constitutionalism; Legal realism; Legal determinacy; Legal interpretation; Legal routines; Moderate cognitivism |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 20 Dec 2023 11:54 |
Last Modified: | 12 Dec 2024 14:02 |
Published Version: | http://www.politeia-centrostudi.org/arretrati/151.... |
Status: | Published |
Publisher: | Politeia |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:206780 |