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Federalism, Democratization, and the Rule of Law in Russia

Jeffrey Kahn

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246991
eISBN:
9780191599606
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199246998.001.0001
Subject:
Political Science, Russian Politics

This book examines the development of Russia's current federal system of government from its Soviet origins, through Mikhail Gorbachev's reforms, to the presidencies of Boris Yeltsin and the early ... More


Peace, Justice, and Religion

David Little

in What is a Just Peace?

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199275359
eISBN:
9780191603686
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199275351.003.0007
Subject:
Political Science, International Relations and Politics

Little raises many questions of international legality in addressing the finer concepts of peace enforcing, peacekeeping, peacemaking, and peace building. He accentuates the rule of law, democracy, ... More


What is a Just Peace?

Pierre Allan and Alexis Keller (eds)

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199275359
eISBN:
9780191603686
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199275351.001.0001
Subject:
Political Science, International Relations and Politics

While an old doctrine of Just War exists, surprisingly little conceptual thinking has gone into what constitutes a Just Peace. This book presents various — and at times conflicting — viewpoints on ... More


Specifying Conventions: The Third‐Order Problem of Knowledge

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0006
Subject:
Political Science, Political Theory

Though the abstract background rights that define justice are underdeterminate in that more than one set of specific action‐guiding precepts can often satisfy their theoretical demands, these rights ... More


Federal Theory

Jeffrey Kahn

in Federalism, Democratization, and the Rule of Law in Russia

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246991
eISBN:
9780191599606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246998.003.0002
Subject:
Political Science, Russian Politics

Theories of federalism are explored in detail, with particular attention to the work of Dahl, Lijphart, Riker, and Wheare. Issues addressed include anti‐majoritarianism, asymmetry, centralization, ... More


The Nature of the Neo-liberal State and the Rule of Law

Raymond Plant

in The Neo-liberal State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.003.0002
Subject:
Political Science, Comparative Politics, Political Theory

This chapter does two related things. First of all it sets out the neo‐liberal case for thinking that the state should be conceived largely in terms of rules and procedures instead of delivering ... More


The Structure of Liberty: Justice and the Rule of Law

Randy E. Barnett

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.001.0001
Subject:
Political Science, Political Theory

What is liberty, as opposed to licence, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, ... More


Authoritarianism, Democracy and the Supreme Court: Horizontal Exchange and the Rule of Law in Mexico

Beatriz Magaloni

in Democratic Accountability in Latin America

Published in print:
2003
Published Online:
April 2005
ISBN:
9780199256372
eISBN:
9780191602368
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256373.003.0009
Subject:
Political Science, Democratization

This chapter examines the relationship between authoritarianism, democracy and the emergence of Supreme Court independence in Mexico. It presents three mechanisms to explain why party hegemony meant ... More


A World History of Ancient Political Thought

Antony Black

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199281695
eISBN:
9780191713101
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281695.001.0001
Subject:
Political Science, Political Theory

This book examines the political thought of Egypt, Mesopotamia, Israel, Iran, India, China, Greece, Rome, and early Christianity from prehistory to c.200 CE. The most common discourse was sacred ... More


Communicating Justice: The Second‐Order Problem of Knowledge

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0005
Subject:
Political Science, Political Theory

The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed ... More


Republican Forms: Constitutionalism and Democracy

Philip Pettit

in Republicanism: A Theory of Freedom and Government

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198296423
eISBN:
9780191600081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296428.003.0007
Subject:
Political Science, Political Theory

The republican state must not only seek to combat the effects of dominium in giving rise to domination, it must also guard against the domination that can be associated with the imperium of ... More


Rechtsstaat, Rule of Law, l'Etat de droit

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0012
Subject:
Law, Public International Law

This chapter examines the origins of the various articulations of the general expression of the ‘rule of law’ in English, German, and French legal thought. It shows that the role performed by this ... More


Justice and Reconciliation: The Rule of Law in Post-Conflict Territories

Simon Chesterman

in You, The People: The United Nations, Transitional Administration, and State-Building

Published in print:
2004
Published Online:
April 2004
ISBN:
9780199263486
eISBN:
9780191600999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263485.003.0006
Subject:
Political Science, International Relations and Politics

How can faith in local institutions — most importantly the rule of law — be supported? In many situations, the very laws to be enforced will themselves be controversial, as Serb laws were in ... More


The Neo-liberal State

Raymond Plant

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.001.0001
Subject:
Political Science, Comparative Politics, Political Theory

This book has two central aims. The first is to give a fair, comprehensive, and analytical account of the central features of the neo‐liberal view about the role and limits of the state in the modern ... More


The Partiality Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0007
Subject:
Political Science, Political Theory

The partiality problem refers to the need to (1) allow persons to pursue their own partial interests including the interests of those to whom they are partial, (2) while somehow taking into account ... More


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

Mads Andenas and Duncan Fairgrieve (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.001.0001
Subject:
Law, Legal History

Tom Bingham is internationally recognised as one of the most influential judges of the 20th century. Having occupied in succession the most senior judicial offices in the United Kingdom, Master of ... More


The State as Law: Contributions and Ambivalences 1

Guillermo O'Donnell

in Democracy, Agency, and the State: Theory with Comparative Intent

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199587612
eISBN:
9780191723384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587612.003.0006
Subject:
Political Science, Comparative Politics, Democratization

This chapter insists and elaborates on an assertion made in preceding chapters, namely, that the legal system is an intrinsic part of the state and that, consequently, it is a mistake to conflate it ... More


The Rule of Law

Michael Foley

in American Credo: The Place of Ideas in US Politics

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199232673
eISBN:
9780191716362
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232673.003.0006
Subject:
Political Science, American Politics

This chapter discusses the American reverence for the rule of law and due process, which is exemplified by the political status afforded to the Constitution. The brevity and ambiguity of the ... More


International Constitutional Review

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0008
Subject:
Political Science, International Relations and Politics

This chapter analyzes four additional case studies of international courts (ICs) reviewing state practices. In their constitutional review role, ICs hold international and state actors accountable to ... More


Concluding observations: Antinomianism, Legalism, and the Rule of Law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0009
Subject:
Law, Philosophy of Law

This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ... More


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