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The Challenge of Effective Implementation

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0004
Subject:
Political Science, Political Theory

Responds to critical claims that constitutionalising the right to an adequate environment would not be prudent due to difficulties making it justiciable and difficulties that could make success on ... More


From Exception to Orthodoxy? The Theory in Action

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/9780199568673.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines a number of areas where courts have made decisions which touch upon the key issues examined in this book. This chapter considers whether these decisions provide support for the ... More


Brennan, Civil Rights, and the “Personal Stake” Gambit

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on William Brennan. In Baker v. Carr, the landmark decision that opened the door to “one man, one vote,” the Court all but overruled Frankfurter's majority opinion in Colegrove ... More


Justiciability and Judicial Activism

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/9780195370850.003.0006
Subject:
Law, Comparative Law

One of the important dimensions to judicial activism identified in Chapter 2 involves the judiciary's “institutional aggrandizement” at the potential expense of the other branches of the federal ... More


A Transatlantic Comparison

Tom Zwart

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0026
Subject:
Law, Legal History

This chapter approaches the role of the Appellate Committee from a U.S. perspective, focusing on their operating systems, i.e., the conditions that directly determine the operation of both courts ... More


Aspects of Justiciability in International Law

Lawrence Collins

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0023
Subject:
Law, Legal History

This chapter deals with Aspects of Justiciability in International Law, especially justiciability of treaties in municipal law, by looking at development on this subject in case law.


Policy

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0014
Subject:
Law, Law of Obligations

The range of reasons which a judge can employ in adjudicating a case is restricted. Judges lack the political jurisdiction and technical competence to employ all of the possible rational reasons ... More


Elements of a Theory of the Right to Development *

Arjun Sengupta

in Arguments for a Better World: Essays in Honor of Amartya Sen: Volume I: Ethics, Welfare, and Measurement

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199239115
eISBN:
9780191716935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239115.003.0007
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter spells out the characteristics of the Right to Development, adopted by the 1986 UN Declaration as an international human right. It builds on the six questions identified by Sen as ... More


Access to Medicine as a Human Right

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


Framing and Reframing the Agōn: Contesting Narratives and Counternarratives on Māori Property Rights and Political Constitutionalism, 1840–1861

Mark Hickford

in Native Claims: Indigenous Law against Empire, 1500–1920

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199794850
eISBN:
9780199919291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199794850.003.0007
Subject:
History, World Early Modern History, World Modern History

This essay argues that examining indigenous territorial claims versus European territorial claims in settlement colonies requires analysis of the dynamic framing and re-framing of the contested and ... More


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