Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

personal security is a favorable state in which human being is secured that all his freedoms and rights are not violated, which will be increased and extended. since in some of international documents, this right is explicitly mentioned and in iranian constitutional law it is not expressly mentioned, it is necessary to study and analyze theories and examples for achieving the definition, which ...

The PRC enterprise income tax law was enacted on January 1, 2008, with accordance to which the enterprise income tax law system has been changing. It took a long time to promulgate the law just as it takes and will take certain period to integrate the system from the constitutional law to tax polices. The lack of taxing power under constitutional law, the silence of a basic tax law, and the arb...

In Rose v. Haskins,' the Court of Appeals for the Sixth Circuit reiterated the orthodox view that since a prisoner parole system is not constitutionally compelled, parole status is merely a "privilege" regulated by statute and not circumscribed by either the specific constitutional guarantees applicable to a criminal proceeding nor the traditional safeguards of procedural due process. However, ...

In 1983 Martin Shapiro worried that the “new jurisprudence of values” being promoted by the new generation of public law scholars in political science would “serve as a cover for slipping back into playing ‘little law professor’ for undergraduates.” Proponents of the “jurisprudence of values” in political science, who engaged in constitutional theorizing about individual rights and the structur...

This book is the second in a series of volumes on the Sociology of Constitutions. This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of n...