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The Practice of Interpretation: A Theoretical Perspective

Ingo Venzke

in How Interpretation Makes International Law: On Semantic Change and Normative Twists

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191742224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.003.0002
Subject:
Law, Public International Law, Philosophy of Law

This chapter develops theoretical perspectives on how the practice of interpretation makes international law. It first rejects orthodox legal positivism’s assumption that law can be found in the norm ... More


The European Court of Human Rights between Law and Politics

Jonas Christoffersen and Mikael Rask Madsen (eds)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book provides the first comprehensive analysis of the rise and subsequent development of one of the most striking supranational judicial institutions ever created. The book brings together ... More


The Right to have Rights as the Politics of Human Rights

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0006
Subject:
Law, Public International Law

Focusing on the work of the French philosopher Jacques Rancière, Chapter 5 examines the right to have rights in terms of the politics of human rights—of the rightless taking up, claiming, and ... More


Party Quotas in Sweden and the United Kingdom

Mona Lena Krook

in Quotas for Women in Politics: Gender and Candidate Selection Reform Worldwide

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195375671
eISBN:
9780199871605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195375671.003.0005
Subject:
Political Science, Comparative Politics

This chapter examines campaigns for party quotas in Sweden and the United Kingdom. Before quotas, both countries had relatively similar levels of female representation. In Sweden, advocates pressed ... More


The Autonomy of Private Law

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0008
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter returns to the claim adumbrated in Chapter 1, that private law is autonomous and nonpolitical. Turning from substance to process, from specific tort doctrines to the judicial roles, it ... More


The Protracted Institutionalization of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence

Mikael Rask Madsen

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

Some of the most decisive developments in European human rights law took place in the mid to late 1970s when the ECtHR embarked on crafting what is now known as its dynamic human rights doctrine. ... More


How Interpretation Makes International Law: On Semantic Change and Normative Twists

Ingo Venzke

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191742224
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.001.0001
Subject:
Law, Public International Law, Philosophy of Law

The texts of international law cannot talk — they are talked about. They passively submit to the need for interpretation and gain meaning in their use. Contrary to classic and still pervasive ... More


Comparative Reasoning in European Supreme Courts

Michal Bobek

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680382
eISBN:
9780191760280
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680382.001.0001
Subject:
Law, Constitutional and Administrative Law, Comparative Law

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Judges are said to increasingly rely on inspiration from outside of their national legal ... More


How Constitutions Work

Mark A. Graber

in A New Introduction to American Constitutionalism

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199943883
eISBN:
9780199369799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199943883.003.0008
Subject:
Law, Constitutional and Administrative Law

Constitutions work by constraining, constructing, and constituting politics. Constitutions constrain politics when citizens and governing officials subordinate their policy preferences to ... More


Introduction: The European Court of Human Rights between Law and Politics

Jonas Christoffersen and Mikael Rask Madsen

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The introduction argues for including the study of the ECtHR in general scholarship on international judicial institutions. The ECtHR provides a key case as to understanding the evolution of ... More


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