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Constitutional Theories of International Economic Adjudication and Investor-State Arbitration

Ernst-Ulrich Petersmann

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter gives an overview of the diverse ‘constitutional approaches’ of the European Court of Justice (ECJ), the European Free Trade Area (EFTA) Court, the ECtHR, and national courts throughout ... More


Interjurisdictional Enforcement of Rights in a Post-Erie World

Robert A. Schapiro

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter turns to the complex interplay of state and national judicial power. The unusual dual structure of the American judiciary creates a system of intersystemic adjudication that provides a ... More


Equal Justice and Due Process of Law

T.R.S. ALLAN

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0005
Subject:
Law, Constitutional and Administrative Law

The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of ... More


The Family, Parliament, and the Judges

STEPHEN CRETNEY

in Same Sex Relationships: From 'Odious Crime' to 'Gay Marriage'

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199297733
eISBN:
9780191711275
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297733.003.0003
Subject:
Law, Comparative Law, Family Law

This chapter addresses the change in the balance of constitutional power since the Human Rights Convention and also with the case of transsexuals. It looks at law-making in countries (such as the ... More


Germany

Hilal Elver

in The Headscarf Controversy: Secularism and Freedom of Religion

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199769292
eISBN:
9780199933136
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199769292.003.0007
Subject:
Religion, Religion and Society

Germany is home of the 3 million Turkish immigrants who came to Germany starting from early 1960s as guest workers and became part of the German Muslim minority. Germany unlike France does not follow ... More


Fundamental Rights as Constitutional Principles: On the Current State of Interpreting Fundamental Rights [1990]

Mirjam Künkler and Tine Stein

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0014
Subject:
Law, Constitutional and Administrative Law, Public International Law

Fundamental rights enshrined in the constitution define a personal realm of individual freedom and endow the bearer with the right of legal defence against the state’s power. They also define ... More


Constitutional Principle in the Laws of the Commonwealth

Richard Ekins

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0025
Subject:
Law, Philosophy of Law

This chapter considers John Finnis' study of the constitutional law and practice of the members of the British Commonwealth, focusing on how constitutional principles articulate and frame the ... More


Canons of Evasion in Constitutional Criminal Law

Sharon Dolovich

in The New Criminal Justice Thinking

Published in print:
2017
Published Online:
September 2017
ISBN:
9781479831548
eISBN:
9781479801800
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479831548.003.0007
Subject:
Law, Criminal Law and Criminology

In this chapter, Sharon Dolovich argues that the Supreme Court deploys three “canons of evasion” that undermine core constitutional principles: deference, presumption, and question substitution. The ... More


Conclusion: The Application of the Principles of Constitutionalism

N. W. Barber

in The Principles of Constitutionalism

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198808145
eISBN:
9780191846007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808145.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter begins by outlining the ways in which the principles of constitutionalism interconnect, bringing together a number of points made elsewhere in this book. The interconnectedness of the ... More


The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Rodney A. Smolla

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.001.0001
Subject:
Law, Constitutional and Administrative Law

American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has ... More


Constituent Power

Nimer Sultany

in Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198768890
eISBN:
9780191822162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198768890.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter argues that scholarly debates about constituent power presuppose a distinction between constituent power and constitutional form that is neither theoretically compelling nor practically ... More


Partial (but not Partisan) Praise of Principle

Cuido Calabresi

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0005
Subject:
Political Science, American Politics

This chapter discusses the rather complex but crucial role of principle in judicial decision making. It begins with a sketch of three possible opinions that might have resolved Bush v. Gore in a ... More


2002: Common Ground after Two Centuries

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0023
Subject:
Law, Constitutional and Administrative Law

A few ago, the distinguished philosopher Alasdair MacIntyre argued that American constitutional law is empty at its center. In any contentious constitutional case, he wrote, the Supreme Court ... More


Consequentialist Arguments

Neil MacCormick

in Legal Reasoning and Legal Theory

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198763840
eISBN:
9780191695230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763840.003.0006
Subject:
Law, Philosophy of Law

This chapter produces evidence by way of examples of consequentialist arguments. It is shown that the underpinning reasons are indeed articulated in terms of arguments based on the consequences of ... More


Majority Tyranny and the Constitution

in For the Many or the Few: The Initiative, Public Policy, and American Democracy

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226510811
eISBN:
9780226510873
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226510873.003.0008
Subject:
Political Science, American Politics

The initiative process is a controversial part of American government, and has been for more than a century, yet the terms of debate have hardly changed. Opponents argue (as they did one hundred ... More


Getting to a Global Constitution Expanding Human Rights Law: The Application of the No-Impunity Principle to Tax Fraud Offences

Giuliana Ziccardi Capaldo

in The Global Community Yearbook of International Law and Jurisprudence 2017

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190923846
eISBN:
9780190923860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190923846.003.0001
Subject:
Law, Public International Law

The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global ... More


Fundamental Rights and Constitutional Principles in Böckenförde’s Work

Mirjam Künkler and Tine Stein

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0012
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter provides an overview of four articles by Ernst-Wolfgang Böckenförde on fundamental rights, constitutional principles, and how to interpret them. Here are outlined the different ... More


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