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New Frontiers of State Constitutional Law: Dual Enforcement of Norms

James A. Gardner and Jim Rossi (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.001.0001
Subject:
Law, Constitutional and Administrative Law

This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this ... More


The Human Rights Act, Dialogue and Constitutional Principles

Gavin Phillipson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0002
Subject:
Law, Human Rights and Immigration

This chapter considers the relationship between the Human Rights Act (HRA) and existing key principles of the UK constitution. It proposes that rather than asking how far the HRA is transforming the ... More


Sovereignty, Constitutional Dialogues, and Political Networks: A Comparative and Conceptual Study

Margit Cohn

in Sovereignty and the Law: Domestic, European and International Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199684069
eISBN:
9780191765865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199684069.003.0013
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This Chapter links two discourses: sovereignty and constitutional dialogue. Dialogue analysis is typically part of a normative attempt to alleviate concerns about the supremacy of the judiciary once ... More


Sovereignty and the Law: Domestic, European and International Perspectives

Richard Rawlings, Peter Leyland, and Alison Young (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199684069
eISBN:
9780191765865
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199684069.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Sovereignty is a topic which is both of enduring interest and often hotly contested in the literature. This collection of essays builds on contemporary debates by taking up and exploring the ... More


Constitutional Dialogues

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0005
Subject:
Political Science, Political Theory

Apex courts face a fundamental problem: they cannot succeed in building systematic effectiveness in the face of regular opposition from the other branches of government, but they must sometimes ... More


A Little Less Conversation, a Little More Action

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/9780199672257.003.0005
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter criticizes constitutional dialogue theories, which treat constitutional review as an iteration in a dialogic process. Such theories are often invoked to explain the moral appeal of ... More


South Africa: Teaching an ‘Old Dog’ New Tricks?: An Empirical Study of the Use of Foreign Precedents by the South African Constitutional Court (1995–2010)

Christa Rautenbach

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0020
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter examines the use of foreign precedents by the South African Constitutional Court. It begins with a brief overview of South Africa’s historical and constitutional context and sets out the ... More


Constitutional Pluralism and Transnational Justice

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0004
Subject:
Law, Constitutional and Administrative Law

In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a ... More


Parliamentary Sovereignty Re-defined

Alison L Young

in Sovereignty and the Law: Domestic, European and International Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199684069
eISBN:
9780191765865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199684069.003.0005
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This Chapter investigates whether Parliament should be able to bind its successors as to the manner and form in which it enacts legislation. First, it evaluates the argument of Jeffrey Goldsworthy ... More


Where Our Protection Lies: Separation of Powers and Constitutional Review

Dimitrios Kyritsis

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199672257
eISBN:
9780191751295
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199672257.001.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. ... More


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