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The Constitutional Common Law: Information Aggregation

Adrian Vermeule

in Law and the Limits of Reason

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines common-law constitutionalism. It shows that there are serious obstacles to any Condorcetian interpretation of Burke, both in general and as applied to judicial precedent in ... More


The Constitutional Common Law: Evolution

Adrian Vermeule

in Law and the Limits of Reason

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter begins with some essential preliminary work that distinguishes evolution to efficiency from evolution to epistemic accuracy, and that also shows how these two ideas can and have been ... More


Unintended Consequences and Constitutional Amendments

Adrian Vermeule

in Law and the Limits of Reason

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the choice between two alternative means of effecting constitutional change: formal amendment and common-law judicial interpretation. A standard view in American ... More


Procedural Fairness—A Pandora’s Box of Legality

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

In Chapter VII I argue that the duty of procedural fairness is best explained and justified as a public fiduciary duty. The fiduciary theory offers a novel reply to the most familiar objection raised ... More


The Perils of Public Purpose

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic ... More


Administrative Law as Solicitude—Reasonable Decision-Making

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0009
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

In this chapter I claim that the fiduciary model answers a difficult question that arises in hard cases of administrative law in which an individual is subject to a drastic exercise of public power: ... More


The Perils of Public Purpose

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic ... More


Introduction: The State as Fiduciary and the Rule of Law

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0002
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Roncarelli v Duplessis is arguably the most significant case on the rule of law in Canadian public law. I use it to explain various puzzles presented by judicial impositions of common law duties. I ... 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


The Authority of the Administration

Janet McLean

in The Foundations and Future of Public Law: Essays in Honour of Paul Craig

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198845249
eISBN:
9780191880537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845249.003.0003
Subject:
Law, Constitutional and Administrative Law

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in ... More


The Possibility of Constitutional Theory

Dimitrios Kyritsis

in Where Our Protection Lies: Separation of Powers and Constitutional Review

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199672257
eISBN:
9780191751295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199672257.003.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter sets out the main tenets of moralized constitutional theory, which supplies the methodology of the book. According to moralized constitutional theory the purpose of constitutional law is ... More


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