In March 2004, the National Assembly of South Korea impeached President Roh Moo-hyun and brought about an immediate suspension of Roh's presidency. Two months later, the Constitutional Court of Korea restored the status quo by dismissing the impeachment and reinstating the President. This episode marks the first time in the history of modern constitutionalism that a president impeached by a leg...

While in most countries suicide is no longer a crime, it is also acknowledged that the state has an interest in the preservation of human life, the prevention of suicide, and the protection of vulnerable persons from harming themselves. In a civil, secular and democratic society, however, the public law principle of state protective powers has to be balanced against the private law principle of...

This research aims to define an integrated methodology for modelling judgments, starting from legal texts and capturing not only structural parts but also arguments used by judges to reach conclusions. The goal is to build a complete ontology framework capable of detecting and modelling knowledge from the judgement’s text. The formalized judgements provide the necessary metadata for the rule la...

This paper proposes a logical framework to capture the norm change power and the limitations of the judicial system in revising the set of constitutive rules defining the concepts on which the applicability of norms is based. In particular, we reconstruct the legal arguments leading to an extensive or restrictive interpretation of norms.

When (if ever) a judicial action can be an unconstitutional taking of private property has long been an open question in American constitutional law. Nested within this larger question are a host of detailed issues concerning both substance and procedure. Despite passing references in some cases, and a more direct discussion in one concurring opinion, the Supreme Court of the United States—unti...