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A Constitutional Reformation Church Order?

Nicholas Hope

in German and Scandinavian Protestantism 1700-1918

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198269946
eISBN:
9780191600647
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198269943.003.0014
Subject:
Religion, Church History

Introduces a new Protestant constitutional church order against the background of war and revolution, and collapse of the old Catholic Empire in 1806. In Germany, it meant very limited religious ... More


The System of the Constitution

Adrian Vermeule

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.001.0001
Subject:
Law, Constitutional and Administrative Law

A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through ... More


The Reception Process in Spain and Italy

Mercedes Candela Soriano

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0007
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Spain and Italy. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an ... More


Two Degrees of Aggregation

Adrian Vermeule

in The System of the Constitution

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a brief discussion of aggregation problems that are ubiquitous and structural in all constitutional orders. All institutions are aggregates of interacting members, and a ... More


The Constrained Court: Law, Politics, and the Decisions Justices Make

Michael A. Bailey and Forrest Maltzman

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.001.0001
Subject:
Law, Legal History

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ... More


Islamic Constitutionalism: The Political Goals of Moderate Islam

Bruce K. Rutherford

in Egypt after Mubarak: Liberalism, Islam, and Democracy in the Arab World

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158044
eISBN:
9781400846146
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158044.003.0003
Subject:
Political Science, Political Theory

This chapter examines the development of Islamic constitutionalism, which is based in the Muslim Brotherhood. It begins by studying the re-emergence of the Brotherhood since 1970 and the political ... More


A System of Systems

Adrian Vermeule

in The System of the Constitution

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter first sets out the purpose of the book—to trace out the ultimate implications of the premise that any complex constitutional order, including our own, is best understood as ... More


The Judges Come Out

Anthony King

in The British Constitution

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199576982
eISBN:
9780191702235
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576982.003.0006
Subject:
Political Science, UK Politics

This chapter highlights the role of the courts and judges in the constitutional order in Britain. When Britain became a member of the European Union (EU), the power to set limits to the unlimited ... More


The Three Branches: A Comparative Model of Separation of Powers

Christoph Moellers

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199602117
eISBN:
9780191747663
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602117.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops ... More


The Headscarf Controversy: Secularism and Freedom of Religion

Hilal Elver

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199769292
eISBN:
9780199933136
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199769292.001.0001
Subject:
Religion, Religion and Society

This book deals with an ongoing controversy of the Muslim women’s headscarf from the legal and sociological perspective in democratic countries. It depicts headscarf controversy and argues with the ... More


The Civic Constitution: Revisiting Four Eras of Civic Founding and Refounding

Elizabeth Beaumont

in The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.003.0001
Subject:
Political Science, American Politics, Democratization

This chapter introduces the lens of the civic constitution to examine the role of key civic actors in American constitutionalism. This chapter identifies revolutionaries, antifederalists, ... More


Systemic Feedback through Selection

Adrian Vermeule

in The System of the Constitution

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the selection of members of institutions, which themselves comprise the overall constitutional order. The traditional fodder of legal reasoning, and also of economic reasoning ... More


Principles of Human Rights Adjudication

Conor Gearty

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287222
eISBN:
9780191700422
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287222.001.0001
Subject:
Law, Human Rights and Immigration

The Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers believe that it is the greatest thing that they have done, ... More


Introduction: Constitutional Theory and Political Philosophy

Christoph Möllers

in The Three Branches: A Comparative Model of Separation of Powers

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199602117
eISBN:
9780191747663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602117.003.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This introductory chapter sets out the book's purpose, which is to develop a systematic link between a model of normative political theory and the organization of public action, based on the idea of ... More


Constitutions and Constitutionalism

András Sajó and Renáta Uitz

in The Constitution of Freedom: An Introduction to Legal Constitutionalism

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198732174
eISBN:
9780191796524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732174.003.0002
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter discusses the concept of constitutionalism and its relation to legal constitutions. It explains how the terms ‘constitution’ and ‘constitutionalism’ are used before asking what makes a ... More


Conditions for a Constitution

András Sajó and Renáta Uitz

in The Constitution of Freedom: An Introduction to Legal Constitutionalism

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198732174
eISBN:
9780191796524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732174.003.0003
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter places the idea of the constitution and limited government within political and social conditions where the constitution is meant to endure. The more diverse the people, the trickier it ... More


Occupation and Regime Transformation

Peter M. R. Stirk

in The Politics of Military Occupation

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748636716
eISBN:
9780748652754
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748636716.003.0009
Subject:
Political Science, International Relations and Politics

This chapter deals with one of the most pressing contemporary concerns with military occupation, namely regime transformation or ‘imposed constitutionalism’. Imposed constitutionalism is contentious ... More


Statecraft and the Foundations of European Union Law 1

Ari Afilalo and Dennis Patterson

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0011
Subject:
Law, EU Law, Philosophy of Law

This chapter discusses the political and social philosophy of the European Union. It argues that constitutional orders are determined by historical factors encapsulated in the idea of “statecraft.” ... More


“Property Must Be Secured”: Establishing a New Constitutional Order

James W. Ely

in The Guardian of Every Other Right: A Constitutional History of Property Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195323337
eISBN:
9780199851508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323337.003.0004
Subject:
Law, Legal History

This chapter investigates how the establishment of a new constitutional order in America in 1878 affected government policy on property rights. It explains that protection of property and enhancement ... More


Introduction

Garrett Wallace Brown

in Grounding Cosmopolitanism: From Kant to the Idea of a Cosmopolitan Constitution

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638819
eISBN:
9780748652822
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638819.003.0001
Subject:
Political Science, Political Theory

This book aims to outline a Kantian form of cosmopolitan theory in relation to the normative requirements necessary for a constitutional global order and provide a comprehensive defense of Kant's ... More


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