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A New Theory of Institutional Separation

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter contains the core outline of the new separation of powers model proposed in the book. It examines the way in which the notion of non-arbitrariness has featured in the courts’ attempts to ... More


Taking Wales Seriously *

Richard Rawlings

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0010
Subject:
Law, Human Rights and Immigration

This chapter discusses the legal protection of human rights in Wales, which now has its own distinctive regime of entrenched provisions and is subject to the general law of the United Kingdom in the ... More


Dualism and Archetype

N.E. Simmonds

in Law as a Moral Idea

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199552191
eISBN:
9780191701597
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552191.003.0002
Subject:
Law, Philosophy of Law

From a certain perspective, law appears to be a morally neutral device that can be used for diverse purposes, deriving any moral properties that it might possess from its variable and contingent ... More


The Denial of the Duality of Is and Ought

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0017
Subject:
Law, Philosophy of Law

In spite of the incontrovertible difference between Is and Ought, there have been attempts, and still are attempts — most recently in connection with the question of the applicability of logical ... More


Is and Ought in Kant's Philosophy

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0018
Subject:
Law, Philosophy of Law

No duality of Is and Ought can be found in Kant's philosophy for the very simple reason that, for Kant, the moral norm (the moral Ought, the moral law) emanates from reason in its function as ... More


Introduction

Lizzie Barmes

in Bullying and Behavioural Conflict at Work: The Duality of Individual Rights

Published in print:
2015
Published Online:
January 2016
ISBN:
9780199691371
eISBN:
9780191748790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691371.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explains the starting point that recent proliferation in the UK of individual employment and equality rights has not provided working people with effective means to ameliorate their ... More


Conclusions

Lizzie Barmes

in Bullying and Behavioural Conflict at Work: The Duality of Individual Rights

Published in print:
2015
Published Online:
January 2016
ISBN:
9780199691371
eISBN:
9780191748790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691371.003.0010
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter shows how the primary research in this study fills out the claim that law and legal process simultaneously challenge and support established power relations, structures, and ways of ... More


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