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Abusive Constitutional BorrowingLegal globalization and the subversion of liberal democracy

Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy

Rosalind Dixon and David Landau

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192893765
eISBN:
9780191914720
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893765.001.0001
Subject:
Law, Constitutional and Administrative Law

We live in a golden age of comparative constitutional law. Liberal democratic ideas have diffused readily around the world, and certain features such as judicial review and constitutional rights are ... More

Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe

Michael A. Wilkinson

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198854753
eISBN:
9780191888946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854753.001.0001
Subject:
Law, Constitutional and Administrative Law

<Online Only>This book recounts the transformation of Europe from the interwar era until the euro crisis, using the tools of constitutional analysis and critical theory. The central claim is twofold: ... More

Cases Without ControversiesUncontested Adjudication in Article III Courts

Cases Without Controversies: Uncontested Adjudication in Article III Courts

James E. Pfander

Published in print:
2021
Published Online:
July 2021
ISBN:
9780197571408
eISBN:
9780197571439
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197571408.001.0001
Subject:
Law, Constitutional and Administrative Law

Cases Without Controversies: Uncontested Adjudication in Article III Courts offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to ... More

Chinese Antitrust ExceptionalismHow The Rise of China Challenges Global Regulation

Chinese Antitrust Exceptionalism: How The Rise of China Challenges Global Regulation

Angela Huyue Zhang

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198826569
eISBN:
9780191865497
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826569.001.0001
Subject:
Law, Competition Law, Constitutional and Administrative Law

This book explores the clash between antitrust, a body of law originally designed to address market failures in western democracies, and China, an economic superpower under authoritarian control. It ... More

ConstitutionalismOld Dilemmas, New Insights

Constitutionalism: Old Dilemmas, New Insights

Alejandro Linares Cantillo (ed.)

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.001.0001
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January of 2019. ... More

Constitutionalism and the Paradox of Principles and RulesBetween the Hydra and Hercules

Constitutionalism and the Paradox of Principles and Rules: Between the Hydra and Hercules

Marcelo Neves

Published in print:
2021
Published Online:
June 2021
ISBN:
9780192898746
eISBN:
9780191925276
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192898746.001.0001
Subject:
Law, Constitutional and Administrative Law

The present book offers a critical counterpoint to Ronald Dworkin’s principle-based theory, and in particular to Robert Alexy’s idea of optimizing balancing. Instead of ceding to the compulsion of an ... More

Democracy, Elections, and Constitutionalism in Africa

Democracy, Elections, and Constitutionalism in Africa

Charles M. Fombad and Nico Steytler (eds)

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192894779
eISBN:
9780191915727
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192894779.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the outcome of the sixth Stellenbosch Annual Seminar on Constitutionalism in Africa (SASCA). The theme of the seminar was ‘Democracy, elections and Constitutionalism in Africa.’ The ... More

Discussions in Dispute ResolutionThe Foundational Articles

Discussions in Dispute Resolution: The Foundational Articles

Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole (eds)

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197513248
eISBN:
9780197513279
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197513248.001.0001
Subject:
Law, Constitutional and Administrative Law

As a serious field of academic study for approximately forty years, Discussions in Dispute Resolution: The Foundational Articles constitutes both a celebration of the dispute resolution field’s most ... More

Eternity Clauses in Democratic Constitutionalism

Eternity Clauses in Democratic Constitutionalism

Silvia Suteu

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.001.0001
Subject:
Law, Constitutional and Administrative Law

This book makes a critical contribution to the growing literature on constitutional unamendability, as well as to the broader scholarship in the field of comparative constitutional change. It ... More

The History and Growth of Judicial Review, Volume 2The G-20 Civil Law Countries

The History and Growth of Judicial Review, Volume 2: The G-20 Civil Law Countries

Steven Gow Calabresi

Published in print:
2021
Published Online:
August 2021
ISBN:
9780190075736
eISBN:
9780190075767
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190075736.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This second volume builds on the story of Volume I as to the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, ... More

Judicial Review of Administration in Europe

Judicial Review of Administration in Europe

Giacinto della Cananea and Mauro Bussani

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198867609
eISBN:
9780191904370
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867609.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is about judicial review of public administration. Many have regarded this as dividing European legal orders, with judicial review of administrative action in the general courts or ... More

Offensive Speech, Religion, and the Limits of the Law

Offensive Speech, Religion, and the Limits of the Law

Nicholas Hatzis

Published in print:
2021
Published Online:
June 2021
ISBN:
9780198758440
eISBN:
9780191818370
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758440.001.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

Is the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend the religious sensibilities of listeners. ... More

Principles MatterThe Constitution, Progressives, and the Trump Era

Principles Matter: The Constitution, Progressives, and the Trump Era

Carlos A. Ball

Published in print:
2021
Published Online:
August 2021
ISBN:
9780197584484
eISBN:
9780197584514
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197584484.001.0001
Subject:
Law, Constitutional and Administrative Law

Progressives who opposed the Trump administration’s policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist ... More

Saving the NewsWhy the Constitution Calls for Government Action to Preserve Freedom of Speech

Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech

Martha Minow

Published in print:
2021
Published Online:
July 2021
ISBN:
9780190948412
eISBN:
9780190948443
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190948412.001.0001
Subject:
Law, Constitutional and Administrative Law

This book argues that US democracy presumes a news industry but that industry currently is failing. It focuses on the contributions of digital platforms and legal rules to the current situation and ... More

A Theory of African Constitutionalism

A Theory of African Constitutionalism

Berihun Adugna Gebeye

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192893925
eISBN:
9780191915024
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893925.001.0001
Subject:
Law, Constitutional and Administrative Law

This book asks and seeks to answer why we need a theory for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess ... More

Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World

Paul Daly

Published in print:
2021
Published Online:
September 2021
ISBN:
9780192896919
eISBN:
9780191919206
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896919.001.0001
Subject:
Law, Constitutional and Administrative Law

This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of ... More

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