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It is certainly possible to read these figures as unwelcome deviations from a fundamental norm, as conservative groups like the Family Research Council do.
In contrast, a more limited ruling that forbade states from voiding other states' marriages would recognize equality as a fundamental norm of citizenship while also speaking to values, like fairness and neighborliness, that are often obscured by anti-marriage ballot initiatives.
One notable exception was Michael Phillips, who wrote a much-quoted piece in BuzzFeed, "The End of the Facebook Democracy": "By repealing Facebook Suffrage, Facebook abandons a fundamental norm — that its users are citizens in a community, and not simply datapoints on an advertising algorithm.
As Rawls has persuasively argued, publicity should be a fundamental norm governing the basic law and policy of a democratic society (Rawls 1971/1999).
In that case, the nonnormative social fact of custom that constitutes the fundamental norm would make the values relevant to the validity of ordinary norms (Coleman 2001a).
In another variant, values may be made relevant to legal validity by the customary norm that governs judicial practice, which is the most fundamental norm, constitutive of a legal system, on the classic model that Hart made famous.
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That is because those rights are merely the regional articulation of well-understood and universally accepted fundamental norms repeatedly affirmed by nation after nation around the world.
If the international community fails once more to respond to such attacks, it risks further eroding one of the most fundamental norms of international law.
Counsel briefed by Mandela as head of the government insisted that capital punishment violated fundamental norms of the bill of rights.
The initiative of the present government to try the people involved in genocide, crimes against humanity, war crimes and other crimes under international law, stems from the fundamental norms of a civilized society.
A constitution, as the example of British constitutional democracy suggests, need not be a single written instrument; indeed, the essence of a constitution is that it formalizes a set of fundamental norms governing the political community and determining the relations between the rulers and the people and the interaction among the centres of power.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com