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Introduction

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0009
Subject:
Law, Constitutional and Administrative Law

Many of the questions of the day are not decided in the courts of law or even in judicial tribunals. These issues are not ‘justiciable’. They are entrusted to commissions of inquiry, to inspectors, ... More


Institutional Legitimacy and Administrative Practice

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.006
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter builds on the model which was briefly sketched out in Chapter 5. It examines, in particular, whether the administration is capable in practice of filling the role which has been ... More


Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law

Gus Van Harten

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0020
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration is often promoted as a fair, rules-based system and thus as something that advances the rule of law. But there is a tendency to downplay the system's inattention to ... More


Campaigns and the Stability of Political Opinion

James A. Gardner

in What are Campaigns For?: The Role of Persuasion in Electoral Law and Politics

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195392616
eISBN:
9780199855438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195392616.003.0003
Subject:
Law, Constitutional and Administrative Law

Could changes to the laws that regulate campaigns improve them? This chapter addresses this question by reviewing the social science literature on how people arrive at political opinions. This ... More


Amicus Curiae Participation in the Supreme Court

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372144
eISBN:
9780199870813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372144.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter contains a detailed discussion of amicus curiae participation in the courts. It discusses the genesis of the amicus curiae in Roman law, to its current incarnation in the American legal ... More


James A. Garfield

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0026
Subject:
Law, Constitutional and Administrative Law

This chapter concerns James A. Garfield, who served as a Radical Republican member until his election to the presidency. While in the House, Garfield exhibited an unsurprising pro-Congress bias. As ... More


The Role of the Courts: Tenth Amendment Balancing

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter Six offers a preliminary exploration of how Balanced Federalism theory would depart from the status quo, imagining the strongest judicial role within such a model. It sets forth the ... More


Imputing Bias and the Law of Contempt 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0070
Subject:
Law, Constitutional and Administrative Law

This chapter discusses judicial bias and the law of contempt. It starts with judicial integrity, noting that judges have the power, but not the right, to ignore the mandate of a statute and render ... More


Into the conduct of judges

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter deals with various cases in order to discuss the conduct of judges. If a judge made a mistake, then his mistake would give rise to a new trial and cause much expense to the parties. In ... More


Prologue: The Method and its Pitfalls

Michal Bobek

in Comparative Reasoning in European Supreme Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680382
eISBN:
9780191760280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680382.003.0005
Subject:
Law, Constitutional and Administrative Law, Comparative Law

The chapter sets out the research design and questions for the case studies in the second part of the book. It discusses what is being examined with respect to all the systems studied and how it is ... More


Why Presidential Views of the Scope of Presidential Power Matter

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter points out an important ground on which this entire book might be criticized: the predictability of the fact that all forty-three presidents would favor a broad understanding of ... More


Why Everyone Is Wrong

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0005
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 5 revisits the arguments summarized in chapter 4, to the end of showing how and why arguments for and against each system are exaggerated, misleading, and wrong. The focus is on work that ... More


Regulating Consumer Finance

John Armour, Dan Awrey, Paul Davies, Luca Enriques, Jeffrey N. Gordon, Colin Mayer, and Jennifer Payne

in Principles of Financial Regulation

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198786474
eISBN:
9780191828782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198786474.003.0010
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

From an economic perspective, two related justifications can be distinguished for regulatory intervention vis-à-vis consumers or retail investors: asymmetries of information between consumers and the ... More


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