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Laws and Conventions

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0006
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The previous chapter introduced the idea of constitutional conventions, discussing their nature and place within the constitution. It left at least one important feature of conventions unexplored: ... More


Optimal Timing of Legal Intervention: Lawmaking under Uncertainty *

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the main determinants of the optimal timing of legal intervention under uncertainty. Section 1 frames the lawmaking problem as an investment problem. It contemplates the choice ... More


Optimal Territorial Scope of Laws: Subsidiarity and Legal Harmonization *

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0004
Subject:
Law, Constitutional and Administrative Law

A third problem faced by lawmakers when planning their legislative intervention concerns the territorial scope of application of their laws. Because political units are frequently subdivided into ... More


When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Austin Sarat and Nasser Hussain (eds)

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.001.0001
Subject:
Law, Constitutional and Administrative Law

Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Barack Obama has repeatedly ... More


The New Public Contracting: Regulation, Responsiveness, Relationality

Peter Vincent-Jones

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291274
eISBN:
9780191700606
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291274.001.0001
Subject:
Law, Constitutional and Administrative Law

This book charts the significant increase in Britain over the last 25 years in the deployment of contract as a regulatory mechanism across a broad spectrum of social relationships. Since Labour came ... More


Forcible Humanitarian Action

Marc Weller

in Iraq and the Use of Force in International Law

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199595303
eISBN:
9780191595769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595303.003.0003
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter analyzes the overall impact on international law of forcible humanitarian action relating to Iraq. Iraq, and, to a lesser extent, Liberia and initial action concerning Sierra Leone, were ... More


Anglo-American Comparisons

Mike Feintuck

in ‘The Public Interest’ in Regulation

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199269020
eISBN:
9780191699320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269020.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter compares the regulatory regimes in the United Kingdom and the United States with respect to the public interest. In both countries, the regulatory endeavour in relation to fundamentals ... More


Articles of Faith: Religion, Secularism, and the Indian Supreme Court

Ronojoy Sen

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is a small contribution towards understanding the place of religion in modern India and the nature of Indian secularism. While there are several possible ways to approach this complex task, ... More


Introduction

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0015
Subject:
Law, EU Law, Constitutional and Administrative Law

The Introduction explains the methodology used in the book, which involves the explication of unclear or inconsistent legal concepts. It also lays out the structure of the book, contrasting it with ... More


Enslaving Criminals

Robert A. Burt

Frank Iacobucci (ed.)

in Justice and Empathy: Toward a Constitutional Ideal

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300224269
eISBN:
9780300231854
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300224269.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter studies the Supreme Court's jurisprudence on the death penalty. It argues that the death penalty must be abolished and submits that even in this context, where mutual respect can be ... More


2007 Act, Part 2 (Adults with Incapacity)

Bert Calder

in A Guide to the Adult Support and Protection (Scotland) Act 2007

Published in print:
2010
Published Online:
May 2015
ISBN:
9781845860820
eISBN:
9781474406116
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860820.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter details financial amendments and new powers to the original Adults with Incapacity (Scotland) Act 2000 inserted in Part of the ASP Act 2007. The amendments discussed are within powers of ... More


The Dual Strand: Legislative Intervention

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0011
Subject:
Law, Constitutional and Administrative Law

Legislative intervention in judicial proceedings has two aspects. It might be an additional means for an individual to achieve justice after a procedural misfortune. But changing substantive outcomes ... More


Precautions

Adil Ahmad Haque

in Law and Morality at War

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199687398
eISBN:
9780191767180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687398.003.0007
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Attacking forces are legally and morally required to take feasible precautions in attack that will avoid harm or minimize harm to civilians, even if taking these precautions will endanger attacking ... More


Armed Conflict

Evan J. Criddle and Evan Fox-Decent

in Fiduciaries of Humanity: How International Law Constitutes Authority

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199397921
eISBN:
9780199397945
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199397921.003.0005
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter addresses states’ legal obligations to their people and foreign nationals during armed conflict. It develops two arguments. First, it argues that the fiduciary theory of sovereignty, as ... More


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