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Regulating Islam

Avi Max Spiegel

in Young Islam: The New Politics of Religion in Morocco and the Arab World

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691159843
eISBN:
9781400866434
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159843.003.0007
Subject:
Society and Culture, Middle Eastern Studies

This chapter considers the question of how an authoritarian Arab state enables or encumbers Islamist mobilization. It elucidates a different model of state action—different in both content and form: ... More


The Mentality of the State

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter argues that when we talk of states possessing intentions and acting, we use these terms in an analogous sense to their primary use in the context of individuals. To talk of a state ... More


State Common Law and the Dual Enforcement of Constitutional Norms

Helen Hershkoff

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter addresses differences in how the U.S. Constitution and many individual state constitutions approach the state action requirement in enforcing constitutional rights. In contrast to the ... More


Human Rights Controls on the Delegate

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines the extent to which private delegates are bound by human rights obligations in the three jurisdictions. First, a justification for the extension of human rights obligations to ... More


The Myth of Rights: Of Aliens, Corporations, and Guns

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.001
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the focus of the book, which is the provisions and amendments of the Constitution that are generally understood to grant the most important individual rights: ... More


The Nature of Institutional Impediments to Economic Development

Pranab Bardhan

in A Not-so-dismal Science: A Broader View of Economies and Societies

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198294900
eISBN:
9780191596728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294905.003.0011
Subject:
Economics and Finance, Economic Systems

Consideration is given to the impediments to economic development and the social dysfunctions that market mechanisms cannot cure because the large number of collective actions required cannot emerge ... More


Are Recurrent Major Recessions Inevitable?

Christopher Dow

in Major Recessions: Britain and the World 1920-1995

Published in print:
2000
Published Online:
November 2003
ISBN:
9780199241231
eISBN:
9780191596179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199241236.003.0012
Subject:
Economics and Finance, Macro- and Monetary Economics

Previous chapters of this book have sought to explain why the major recessions of the twentieth century occurred; this chapter tries to answer the question of whether recurrent major recessions are ... More


Against Massacre: Humanitarian Interventions in the Ottoman Empire, 1815-1914

Davide Rodogno

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151335
eISBN:
9781400840014
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151335.001.0001
Subject:
History, Middle East History

This book looks at the rise of humanitarian intervention in the nineteenth century, from the fall of Napoleon to World War I. Examining the concept from a historical perspective, the book explores ... More


The Rule of Law in International Affairs: Maccabaean Lecture in Jurisprudence

Brian Simpson

in Proceedings of the British Academy Volume 125, 2003 Lectures

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263242
eISBN:
9780191734014
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263242.003.0010
Subject:
History, Cultural History

This lecture discusses the influence of international law on the conduct of states. It focuses on two specific and very fully documented incidents that took place during the Second World War, and ... More


Common Ground Arguments

N. Scott Arnold

in Imposing Values: Liberalism and Regulation

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195374964
eISBN:
9780199871490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374964.003.0005
Subject:
Philosophy, Political Philosophy

The first two sections of this chapter begin the discussion of what Chapter 1 calls “common ground arguments.” These are arguments that modern liberals might use to persuade classical liberals to ... More


Constitutional Rights

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0005
Subject:
Law, Constitutional and Administrative Law

Most of the constitutional rights protect only against so-called “state action”. However, case law has construed the requirement quite broadly, as discussed in this part. The levels of scrutiny refer ... More


Applying Basic Structure Review: The Limits of State Action and the Standard of Review

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0003
Subject:
Law, Constitutional and Administrative Law

After the conception of the basic structure doctrine in Kesavananda Bharati v. State of Kerala, a clear type of basic structure review of constitutional amendments emerges in Indira Gandhi v. Raj ... More


Proportionality II: Member States

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0020
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter considers proportionality and the legality of Member State action. The discussion begins with positive law and analysis of the principal areas in which proportionality is used to contest ... More


Dual Citizenship and the Revocation of Citizenship

Ben Herzog

in Revoking Citizenship: Expatriation in America from the Colonial Era to the War on Terror

Published in print:
2015
Published Online:
May 2016
ISBN:
9780814760383
eISBN:
9780814770962
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814760383.003.0010
Subject:
Law, Human Rights and Immigration

This chapter argues that the state action of taking away citizenship was introduced mainly to eliminate dual citizenship, a status that potentially undermines the national logic that assumes full ... More


Debating East Asian Capitalism: Issues and Themes

Andrew Walter and Xiaoke Zhang

in East Asian Capitalism: Diversity, Continuity, and Change

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199643097
eISBN:
9780191741944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643097.003.0001
Subject:
Business and Management, Political Economy, International Business

The introductory chapter sets the general backdrop against which the central analytical objectives of the volume are defined and its major contributions to theoretical debates specified. It ... More


Precautionary Principle

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0021
Subject:
Law, EU Law, Constitutional and Administrative Law

While the precautionary principle is found in some legal systems, such as Germany, it is nonetheless relatively novel as a precept of administrative law. It has however become of increased importance ... More


On Justifications and Excuses

Andrew Simester

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0007
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter addresses the differences between justifications and excuses, their respective characters and basic structures. It argues that justifications and ‘rationale-based’ excuses such as duress ... More


Alberico Gentili’s Doctrine of Defensive War and its Impact on Seventeenth-Century Normative Views

Pärtel Piirimäe

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0010
Subject:
Law, Legal History

This chapter begins by sketching the development of views on defensive war from the formulation of the Christian doctrine until Gentili's day. It then looks at the impact of Gentili's doctrine on ... More


To Washington: The Department of Justice and the Supreme Court

Jeffrey D. Gonda

in Unjust Deeds: The Restrictive Covenant Cases and the Making of the Civil Rights Movement

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469625454
eISBN:
9781469625478
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469625454.003.0005
Subject:
History, African-American History

The fourth chapter considers how and why the Department of Justice chose to intervene on the NAACP’s behalf in the cases. It explores the overlapping political pressures influencing President Harry ... More


The Justices

Christopher W. Schmidt

in The Sit-Ins: Protest and Legal Change in the Civil Rights Era

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226522302
eISBN:
9780226522586
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522586.003.0006
Subject:
Political Science, American Politics

This chapter examines the Supreme Court’s confrontation with the sit-in cases. Between 1961 and 1964, the justices faced round after round of appeals of criminal convictions of sit-in protesters. ... More


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