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Why Write New Rights?: Understanding Constitutional Development Apart from Entrenchment

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0004
Subject:
Political Science, Public Policy

This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of ... More


Conclusion

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0008
Subject:
Political Science, Public Policy

This concluding chapter clarifies that the book has refuted the claim that positive rights are outside the American constitutional tradition by investigating the various campaigns to add education ... More


Introduction: Testing Times

Richard Rawlings

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter begins with a brief discussion of the disconnection between constitutional and regulatory scholarship. Not only was regulation often studied through highly technical or ... More


Constitutional Implications of Current Political Debates in Iran

Saïd Amir Arjomand

in Contemporary Iran: Economy, Society, Politics

Published in print:
2009
Published Online:
October 2011
ISBN:
9780195378481
eISBN:
9780199852345
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195378481.003.0008
Subject:
Religion, Islam

This chapter examines the constitutional implications of current political debates in Iran. It looks closely at Khomeini's constitutional legacy, and emphasizes the importance of the first two ... More


‘We are (afraid of) the people’: Constituent Power in German Constitutionalism

Christoph Möllers

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/9780199552207.003.0006
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter examines the special path of constitutional development in Germany. It shows how developments from the Kaiserreich, through Weimar to the Nazi regime has rendered any attempt to make a ... More


Government Structures

Jan‐Erik Lane, David McKay, and Kenneth Newton

in Political Data Handbook: OECD Countries

Published in print:
1996
Published Online:
January 2005
ISBN:
9780198280538
eISBN:
9780191601934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019828053X.003.0007
Subject:
Political Science, Reference

This section presents data on government structures in OECD countries. It features tables on chamber systems, electoral systems, elections, constitutional development, human rights, elected ... More


Conclusion

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0014
Subject:
Law, Constitutional and Administrative Law

This concluding chapter considers how traditional ideas in constitutional theory – sovereignty, legal system, and rule of law – relate to more contemporary theoretical concerns: authority, ... More


Rule‐making and the American Constitution

Peter L. Strauss

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and ... More


The Cycles of Constitutional Time

Jack M. Balkin

Published in print:
2020
Published Online:
September 2020
ISBN:
9780197530993
eISBN:
9780197531020
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197530993.001.0001
Subject:
Law, Constitutional and Administrative Law

The constitutional system in the United States evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, ... More


Imperfectly Justified Structures of Justification

Jürgen Neyer

in The Justification of Europe: A Political Theory of Supranational Integration

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641246
eISBN:
9780191745591
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641246.003.0008
Subject:
Political Science, European Union, Political Theory

Chapter 8 of the book moves beyond reconstructing the EU in the terms of the right to justification and addresses the question of whether the EU is true not only to the structure of justification but ... More


The Karlsruhe Phenomenon: What Makes the Court What It Is

Matthias Jestaedt

in The German Federal Constitutional Court: The Court Without Limits

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.003.0002
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter stresses that nothing in the Federal Constitutional Court’s growth was preordained. It depicts the Court’s initially fraught relations with political actors, ordinary judges, and legal ... More


Constitutional Developments in a Himalayan Kingdom: The Experience of Nepal

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter offers an account of Nepal's constitutional developments over the years in light of the ‘interaction between indigenous law and transplanted law’. The author reflects upon the modalities ... More


The democratization of Indian politics

Sagarika Dutt

in India in a Globalized World

Published in print:
2006
Published Online:
July 2012
ISBN:
9780719069000
eISBN:
9781781701409
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719069000.003.0002
Subject:
Political Science, International Relations and Politics

This chapter explores the democratisation of politics in India. It explains that the process of constitutional development started in the nineteenth century and culminated in the drafting and ... More


The Emancipation Proclamation: The Triumph of Nationalism Over Racism and the Constitution

Mark E. Neely

in Lincoln and the Triumph of the Nation: Constitutional Conflict in the American Civil War

Published in print:
2011
Published Online:
July 2014
ISBN:
9780807835180
eISBN:
9781469602530
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807869024_neely.7
Subject:
History, American History: Civil War

This chapter argues that the most important constitutional development on the eve of the Civil War was the growth of constitutional racism. The U.S. Constitution of 1787 was not an expressly racist ... More


The Oklahoma State Constitution

Danny M. Adkison and Lisa McNair Palmer

Published in print:
2020
Published Online:
September 2020
ISBN:
9780197514818
eISBN:
9780197514849
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197514818.001.0001
Subject:
Law, Constitutional and Administrative Law

In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as “the best constitution in the United States today.” An enduring characteristic of Oklahoma’s constitution has been ... More


I Ways of Looking Back

Peter Linehan

in History and the Historians of Medieval Spain

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198219453
eISBN:
9780191678349
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198219453.003.0001
Subject:
History, European Medieval History

A current reinterpretation of Spain's medieval history gives the most recent example of a process which was a flourishing industry when that history was still as modern as it has been at any time ... More


Roman Law ad 200–400: From Cosmopolis to Rechtstaat?

Tony Honoré

in Approaching Late Antiquity: The Transformation from Early to Late Empire

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199297375
eISBN:
9780191708978
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297375.003.0005
Subject:
Classical Studies, World History: BCE to 500CE

How did Roman civil government evolve between ad 200 and 400? The period stretches from the Severan age, when citizenship was extended to all free people of the Empire, to the years following the ... More


Constituting the UK

James Mitchell

in Devolution in the UK

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719053580
eISBN:
9781781702130
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719053580.003.0001
Subject:
Political Science, UK Politics

United Kingdom constitutional development has never been uniform. The unions which contributed towards the establishment of the United Kingdom differed markedly. The most significant was that which ... More


The Circle of War and Emergency

in Civic War & the Corruption of the Citizen

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226522081
eISBN:
9780226522104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522104.003.0004
Subject:
Political Science, Political Theory

This chapter discusses how war feeds on emergency and emergency on war. It highlights the presence of violence within this circular relationship between war and emergency and analyzes the function of ... More


Jefferson’s Constitutions

Gerald Leonard

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0017
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter explains Thomas Jefferson’s constitutional thought across half a century, arguing that his commitment to constitutional legalism was at least as fundamental as his limited endorsement of ... More


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