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The Search for Institutional Legitimacy

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/9780199568673.003.004
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter seeks to develop a more suitable theory of institutional separation from the values and exceptions identified in the previous chapter. It proceeds from the previous chapter's conclusion ... More


Conclusion

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

The Conclusion summarises the theory proposed in the book by giving an account of the main concepts relied on: personal autonomy; equality; democracy; political autonomy; constitutional rights; ... More


Membership in the Global Constitutional Community

Anne Peters

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0005
Subject:
Law, Public International Law

There is a global constitutional community that is made up by individuals, states, international organizations, NGOs, and business actors. Individuals are entrenched as international bourgeois, and ... More


Treaty Interpretation, Current State Practice,and Other International Law Influences on the Practice of Deference

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter assesses the current practice of states (“consensus”) as another factor affecting the margin of appreciation. It is controversial amongst commentators, some of whom regard it as a ... More


EC Public Procurement Law and Equality Linkages: Foundations for Interpretation

Christopher McCrudden

in Buying Social Justice: Equality, Government Procurement, and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.003.0016
Subject:
Law, Public International Law, EU Law

This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they ... More


Buying Social Justice: Equality, Government Procurement, and Legal Change

Christopher McCrudden

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.001.0001
Subject:
Law, Public International Law, EU Law

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often ... More


Human Rights and Non-discrimination in the 'War on Terror'

Daniel Moeckli

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how ... More


Legal Context of Yugoslavia's Disintegration: Sovereignty and Self-Determination of Peoples

Ana S. Trbovich

in A Legal Geography of Yugoslavia's Disintegration

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195333435
eISBN:
9780199868834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333435.003.0001
Subject:
Law, Public International Law

This chapter begins with a brief description of the primary goal of the book, which is to examine how the international response to the Yugoslav constitutional crisis in 1991 impacted the development ... More


Status Equality Law and Policy

Christopher McCrudden

in Buying Social Justice: Equality, Government Procurement, and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.003.0003
Subject:
Law, Public International Law, EU Law

This chapter discusses the development of status equality law and policy — domestically, internationally, and in the European context. There are two main functional models to which ... More


Buying Social Justice?

Christopher McCrudden

in Buying Social Justice: Equality, Government Procurement, and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.003.0005
Subject:
Law, Public International Law, EU Law

This chapter explores the pros and cons of the use of procurement linkages to advance status equality, from an economic and political perspective initially. It considers arguments for and against ... More


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