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Formalism and Efficiency

Hugh Collins

in Regulating Contracts

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199258017
eISBN:
9780191717857
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258017.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter draws together the threads of the argument with respect to the question of what kind of regulation of contracts will best support markets. The argument challenges the conventional wisdom ... More


Public Reason and Political Conflict

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0009
Subject:
Law, Constitutional and Administrative Law

The idea of constitutionalism assumes a distinctive conception of law, whose intrinsic requirements of equality and procedural due process serve to exclude the exercise of arbitrary power. It is the ... More


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