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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


The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth ... More


The Presumption of Liberty: Protecting Rights without Listing Them

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever ... More


Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines whether the Necessary and Proper Clause of the Constitution precludes or invites the exercise of judicial review of a federal law to see if it lies within the powers of Congress ... 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


Legitimacy Norms as Change Agents: Examining the Role of the Public Voice

Andrew Joseph Loomis

in Legality and Legitimacy in Global Affairs

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199781577
eISBN:
9780199932887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199781577.003.0003
Subject:
Political Science, International Relations and Politics

The specifics of how legitimacy considerations work their way into international political dynamics are poorly understood, despite the frequency with which the legitimacy concept is invoked. Accounts ... More


Defining the Constitution's Frames of Reference

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0004
Subject:
Law, Constitutional and Administrative Law

Although variously described, a basic issue presented in all constitutional litigation involves what frame of reference should be used to assess constitutionality. For example, in Brown v. Board of ... More


Jeff Davis Rules: General Beauregard and the Sanctity of Civilian Authority in the Confederacy

T. Michael Parrish

in Jefferson Davis's Generals

Published in print:
2000
Published Online:
October 2011
ISBN:
9780195139211
eISBN:
9780199848799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195139211.003.0003
Subject:
History, American History: 19th Century

This chapter looks at the adherence to the fundamental democratic principles of supremacy of civilian control over commanders of powerful military forces as conveyed in the antagonistic relationship ... More


The Referendum Challenge to Constitutional Sovereignty

Stephen Tierney

in Constitutional Referendums: The Theory and Practice of Republican Deliberation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592791
eISBN:
9780191741067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592791.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter considers a situation where the very constitutionality of holding a referendum is itself in question. It explores how at the heart of a number of disputes has been the claim that a ... More


Introduction

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662463
eISBN:
9780191743405
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662463.003.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The Introduction gives a short and concise overview on the main issues dealt with in the book. It relates the discussion of proportionality to the current debates on global constitutionalism and ... More


Canada: From Privy Council to Supreme Court

Peter W. Hogg

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0003
Subject:
Law, Comparative Law

Canada has no single document that is customarily described as ‘the constitution’. The closest approximation of such a document is the Constitution Act 1867, which was originally named the British ... More


Against Blanket Nonrecognition

Andrew Koppelman

in Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300113402
eISBN:
9780300135138
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113402.003.0006
Subject:
Political Science, American Politics

This chapter considers and rejects the simplest way of implementing a state public policy against recognition of same-sex marriages: a blanket rule of nonrecognition. It discusses the consequences of ... More


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