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Iraq and the Use of Force in International Law

Marc Weller

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199595303
eISBN:
9780191595769
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595303.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing ... More


‘We the Peoples of the United Nations’ Constituent Power and Constitutional Form in International Law

Bardo Fassbender

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0015
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter examines the general question of the relationship between constituent power and constitutional form in the general context of the international community. It first considers the ... More


International Law Pertaining to Torture and Interrogation

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0009
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Expanding the discussion to the international sphere is critical to our overall focus: the development of a lawful coercive interrogation regime predicated on the rule of law. In the effort to do so, ... More


Better Government: Charter Standards, Open Government and Good Administration

Terence Daintith and Alan Page

in The Executive in the Constitution: Structure, Autonomy, and Internal Control

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268703
eISBN:
9780191683558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268703.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Citizen's Charter, which was relaunched in June 1998 as Service First. It also considers freedom of information, an issue which has long preceded notions of client or user ... More


The Establishment of the Legal Right to Self-Determination 1

Malcolm Shaw

in Title to Territory in Africa: International Legal Issues

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198253792
eISBN:
9780191681424
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253792.003.0003
Subject:
Law, Constitutional and Administrative Law

The principle of self-determination was introduced in the French Revolution at the close of the eighteenth century, with its proclamations of human rights and popular sovereignty. Its blend of ... More


Rights

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/9780199568628.003.0016
Subject:
Law, EU Law, Constitutional and Administrative Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


The Death of Treaty Supremacy: An Invisible Constitutional Change

David L. Sloss

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Traditionally, the Constitution’s treaty supremacy rule provided that all treaties supersede conflicting state laws. The rule was designed to prevent treaty violations by state governments. From the ... More


Constitutionalization of European Private Law: XXII/2

Hans Micklitz (ed.)

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

The impact of human rights and fundamental rights on private law has gained increasing prominence over the last five to ten years and has led to a number of in-depth studies. ‘Constitutionalization ... More


Citizens, Consumers, and Public Services

Peter Vincent-Jones

in The New Public Contracting: Regulation, Responsiveness, Relationality

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291274
eISBN:
9780191700606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291274.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the relationships between citizens and consumers on the one hand, and the various public and private bodies involved in the organisation and delivery of public services on the ... More


Statehood, Territory, and Title

Malcolm Shaw

in Title to Territory in Africa: International Legal Issues

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198253792
eISBN:
9780191681424
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253792.003.0005
Subject:
Law, Constitutional and Administrative Law

The concept and consequences of statehood play a crucial role within the body of international law. However, historically, statehood in the international laws has been an ambiguous amalgam of law and ... More


Consumer Accountability

Ian Leigh

in Law, Politics, and Local Democracy

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198256984
eISBN:
9780191681714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256984.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter deals with consumer accountability. It suggests that the development of consumerist devices was the most important legacy to democratic practices of the past two decades, although ... More


Regulation of Housing

Peter W. G. Robson

in Housing Law in Scotland

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861117
eISBN:
9781474406185
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861117.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on housing regulation in Scotland. Regulation, in the form of limitations on what may be done by property owners, has a long history in relation to property. The old limitations ... More


The UK’s Energy Security

Emre Üşenmez

in Oil and Gas Law: Current Practice & Emerging Trends

Published in print:
2010
Published Online:
May 2015
ISBN:
9781845861018
eISBN:
9781474406239
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861018.003.0003
Subject:
Law, Constitutional and Administrative Law

This Chapter deals with the issue of energy security in the UK. Although energy security is commonly viewed from the perspective of consumers, this Chapter distinguishes the dual identities of the UK ... More


The Nationalists Strike Back: 1949–1951

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0011
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 10 analyzes the failed effort to obtain Senate consent for ratification of the Genocide Convention. It also presents a detailed analysis of the Fujii case, where a California court applied ... More


Fujii, Brown, and Bricker: 1952–1954

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0012
Subject:
Law, Constitutional and Administrative Law, Public International Law

The California Supreme Court decision in Fujii was the first judicial decision in U.S. history to endorse the NSE exception to the treaty supremacy rule. The Bricker Amendment controversy persuaded ... More


Business as Usual in the Courts: 1946–1965

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0013
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 12 analyzes judicial decisions between 1946 and 1965. U.S. Supreme Court decisions provide no support for an NSE exception to the treaty supremacy rule. Decisions by state courts and lower ... More


Adjudicating the European Social Market: Negative Constitutionalism Redux?

Oliver Gerstenberg

in Euroconstitutionalism and its Discontents

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198834335
eISBN:
9780191872433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198834335.003.0002
Subject:
Law, Constitutional and Administrative Law

At a first glance, to many observers the EU may appear to be an improbable illustration of the possibility of an extension of legitimacy and democratic justice beyond the state. In contemporary ... More


Council of Europe

Oliver Lewis

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0004
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and ... More


Democratic Dialogue and UK Human Rights Law

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter sets out the array of human rights protections in the United Kingdom, examining the protections found in the Human Rights Act 1998, European Union law, and the common law. The chapter ... More


Dialogue between Courts

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter evaluates dialogue between the UK courts and the European Court of Human Rights and the European Court of Justice. It explains how the different constitutional relationship between these ... More


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