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Precedent

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explores the Court's use of precedent. First, it examines the line of precedent involving the rejection then adoption and finally restriction of the exclusionary rule under the Fourth ... More


Legislative Recognition and Implementation

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0010
Subject:
Philosophy, General

This chapter assesses the legislative recognition of human rights. Basal human rights ought to be recognized and entrenched in a written constitution in order to protect them more firmly. But derived ... More


Defences Arising from Changes in the Defendant’s Circumstances

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0025
Subject:
Law, Law of Obligations, Company and Commercial Law

The defendant’s circumstances can sometimes change to such an extent after he or she has obtained a benefit that it is no longer just for the defendant to make full restitution of the benefit ... More


Passing On and Mitigation of Loss

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0026
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter examines whether there are, and if not whether there should be, any defences in English law which operate by reference to changes in the circumstances of the claimant after the ... More


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