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Abstract and Concrete Review in the United States

Alec Stone Sweet and Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... More


Legitimacy and Norms

Ian Clark

in Legitimacy in International Society

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199219193
eISBN:
9780191717734
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219193.003.0012
Subject:
Political Science, International Relations and Politics

This chapter analyzes the relationship between legitimacy and its cognate norms; namely, those of legality, morality, and constitutionality. It criticizes propositions to the effect that a choice can ... More


Introduction

DAN SAROOSHI

in International Organizations and their Exercise of Sovereign Powers

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225774
eISBN:
9780191710346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225774.003.0001
Subject:
Law, Public International Law

This introductory chapter begins with a brief description of the purpose of the book, which is to provide a conceptual and legal analysis of the exercise by international organizations of sovereign ... More


Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Matthew Flinders

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.001.0001
Subject:
Political Science, Comparative Politics, UK Politics

Although there is no doubt that the constitution has been significantly reformed since the election of New Labour in May 1997 the degree to which these reforms have altered the nature of democracy in ... More


Meta‐constitutional Orientations

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0002
Subject:
Political Science, Comparative Politics, UK Politics

The ‘Blair paradox’ reflects not a simple shift in orientations (i.e. from majoritarian power‐hoarding to consensual power‐sharing) but a multifaceted attempt to inject a new meta‐constitutional ... More


V1. Party System

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0005
Subject:
Political Science, Comparative Politics, UK Politics

There is no such thing as the party system in the United Kingdom but an embryonic multi‐levelled hierarchy of party systems. The existence of different party systems, founded and perpetuated by ... More


V9. Judicial Review

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0013
Subject:
Political Science, Comparative Politics, UK Politics

The logic of legal constitutionalism promotes the role of judges as external regulators of political behaviour. It therefore seeks to increase the degree of constitutional rigidity by seeking to ... More


Polk’s Early Response to the Antislavery Movement

WILLIAM DUSINBERRE

in Slavemaster President: The Double Career of James Polk

Published in print:
2008
Published Online:
January 2010
ISBN:
9780195326031
eISBN:
9780199868308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195326031.003.0011
Subject:
History, American History: 19th Century

Although during the 1840s James Polk cultivated the image of a Southern moderate on the slavery question, his early career contradicted this impression. In 1832 he had provoked a furious debate in ... More


Conclusion: Ten Lessons

Tony Prosser

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter offers a personal collection of key themes that have emerged from the contributions in this book, and relates them to current debates about the regulatory state. It begins by addressing ... More


Judicial Review of Federal Statutes

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.003.0003
Subject:
Law, Comparative Law

This chapter measures the justices' voting behavior in cases challenging the constitutionality of a federal statute, for the period 1954 to 2004 (the Warren, Burger, and Rehnquist Courts). First, the ... More


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