Jump to ContentJump to Main Navigation

You are looking at 1-10 of 15 items

  • Keywords: the rule of law x
Clear All Modify Search

View:

Accountability to Law

T R S Allan

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0004
Subject:
Law, Constitutional and Administrative Law

This essay investigates the idea of legal accountability, applicable to public authorities, by reflection on some major debates within constitutional theory. Theories of legal and political ... More


Choice of Law

Michael Karayanni

in Conflicts in a Conflict: A Conflict of Laws Case Study on Israel and the Palestinian Territories

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199873715
eISBN:
9780199366477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199873715.003.0004
Subject:
Law, Private International Law

Considering the application of Israeli law or Palestinian Territories law in pending civil disputes, i.e. the choice of law question, is the subject of this chapter. In addition to the choice of law ... More


Beyond Liberalism: Language, Law, and Deliberation

Maxwell A. Cameron

in Strong Constitutions: Social-Cognitive Origins of the Separation of Powers

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199987443
eISBN:
9780199346257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199987443.003.0006
Subject:
Political Science, Political Theory

The electoral theory of democracy relegated the separation of powers to the status of legal doctrine rather than theory. Liberals like Hayek attempted to retain an emphasis on constitutionalism and ... More


In Law

Tilo Schabert

in The Second Birth: On the Political Beginnings of Human Existence

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226038056
eISBN:
9780226185156
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226185156.003.0013
Subject:
Political Science, Political Theory

The rule of law is necessary in every human society. Human beings come together driven by the natural predicament of their bodily existence, which makes them dependent on mutual help. But the ... More


Pragmatism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0011
Subject:
Law, Constitutional and Administrative Law

Leading pragmatists including Stanley Fish and Richard Posner have argued that the philosophic approach is fruitless because moral philosophy is a fruitless activity; indeed, they have challenged the ... More


Theorizing Transitional Justice

Pablo De Greiff

in Transitional Justice: NOMOS LI

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814794661
eISBN:
9780814725276
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814794661.003.0002
Subject:
Political Science, Political Theory

This chapter outlines a normative conception of transitional justice, focusing on the UN Secretary General's Report, “The Rule of Law and Transitional Justice in Conflict and Post-Conflict ... More


Dworkin and Unjust Law

David Dyzenhaus

in The Legacy of Ronald Dworkin

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190466411
eISBN:
9780190466442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466411.003.0007
Subject:
Law, Legal History, Constitutional and Administrative Law

The existence of unjust laws and unjust legal orders poses a large problem for natural law theories that assert a necessary relationship between law and morality and thus seems to support the ... More


The Experiment of Inclusive Constitutionalism, 1909–32

Ioannis Tassopoulos

in Eleftherios Venizelos: The Trials of Statesmanship

Published in print:
2006
Published Online:
September 2012
ISBN:
9780748624782
eISBN:
9780748671267
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624782.003.0009
Subject:
History, Political History

This chapter discusses Venizelos' constitutional ideals. Popular sovereignty, the rule of law, and effective government were the three pillars of Venizelos' constitutional edifice. Depending on the ... More


Norms in Translations

Tobias Berger

in Global Norms and Local Courts: Translating the Rule of Law in Bangladesh

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198807865
eISBN:
9780191845666
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198807865.003.0002
Subject:
Political Science, International Relations and Politics

This chapter develops a novel theoretical account of norm translation that is located in-between theories of norm diffusion and norm localization. Translations do not follow linear trajectories from ... More


Conclusion: The Legal Asymmetry

Qiang Fang and Xiaobing Li

in Power versus Law in Modern China: Cities, Courts, and the Communist Party

Published in print:
2017
Published Online:
May 2018
ISBN:
9780813173931
eISBN:
9780813169958
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813173931.003.0008
Subject:
Law, Legal History

The Conclusion highlights the main arguments in each chapter and uses “the legal asymmetry” to demonstrate the inequality of law between citizens and powerful officials. While local officials could ... More


View: