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The New Judicial Federalism

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the evolution of the New Judicial Federalism, reflecting the realization that state constitutional rights provisions can provide, or be interpreted to provide, more rights than ... More


Judicial Activism and New Zealand's Appellate Courts

Bruce Harris

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0007
Subject:
Law, Public International Law, EU Law

This chapter examines ‘judicial creativity’ in New Zealand's appellate courts. It argues that judicial creativity is a natural and vital part of how the three branches of government work together to ... More


Access to Justice in European Comparative Law

EVA STORSKRUBB and JACQUES ZILLER

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0006
Subject:
Law, Human Rights and Immigration

This chapter reviews the constitutional provisions of the European Union (EU) Member States. Then, some of the most pressing issues with regard to implementation and enforcement of the access to ... More


Procedural Safeguards in Cases of Arrest and Detention

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0023
Subject:
Law, Human Rights and Immigration

This chapter discusses the constitutional provisions in cases of arrest and detention; Article 22 in the light of the ‘composite code’ approach; judicial prescriptions of procedural safeguards; ... More


Family Law Volume 1: Family Laws and Constitutional Claims

Flavia Agnes

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198067900
eISBN:
9780199081295
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198067900.001.0001
Subject:
Law, Family Law

This book is a detailed study on family law in India. It attempts to combine women’s rights into legal theory, and uses case laws extensively. The book is composed of three chapters, starting with a ... More


The Constitutional Entrenchment of Federalism

Jacob T. Levy

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0011
Subject:
Political Science, Political Theory

This chapter examines the institutional arrangements surrounding federalism. It begins with an overview of the concept of “constitutional entrenchment,” with particular emphasis on one potentially ... 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


Into the Catacombs: Crisis and Persecution, 1926–9

Matthew Butler

in Popular Piety and Political Identity in Mexico's Cristero Rebellion: Michoacán, 1927-29

Published in print:
2004
Published Online:
January 2012
ISBN:
9780197262986
eISBN:
9780191734656
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197262986.003.0006
Subject:
History, American History: 20th Century

This chapter examines the religious crisis in Michoacán, Mexico during the period from 1926 to 1929. It explains that Church-state hostilities in Michoacán intensified in 1926 when Bishop José Mora y ... More


The Formalist Crusade of Antonin Scalia

in Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter describes Antonin Scalia's orginalism, which is distinctive in several respects and is more concerned with restricting judicial lawmaking than with the value of popular sovereignty. It ... More


Transforming Fiscal Governance

Tania Ajam and Janine Aron

in South African Economic Policy under Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199551460
eISBN:
9780191720376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551460.003.0004
Subject:
Economics and Finance, Public and Welfare, Economic Systems

This chapter reviews the policies and outcomes of South Africa's fiscal reform since 1994, and explores the main challenges it has raised. Section 2 discusses the improved governance of fiscal policy ... More


Criminal Procedure

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment privilege ... More


Free Speech in Congress

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0005
Subject:
Political Science, Comparative Politics

This chapter considers how the constitutional provision for free speech reacts to its English predecessor, and the ways in which it interacts with other American constitutional provisions. It ... More


Changing Conditions and Conflicts with Values

Kent Greenawalt

in Realms of Legal Interpretation: Core Elements and Critical Variations

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190882860
eISBN:
9780190902346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882860.003.0003
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter focuses on two kinds of situations that go beyond discerning original meaning. One is when significant circumstances have changed since a legal standard was formulated; the other ... More


The Determinants of Privatization: Empirical Findings

Herbert Obinger, Carina Schmitt, and Stefan Traub

in The Political Economy of Privatization in Rich Democracies

Published in print:
2016
Published Online:
March 2016
ISBN:
9780199669684
eISBN:
9780191756078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669684.003.0005
Subject:
Political Science, Political Economy

Using multivariate regression analysis and spatial econometrics, this chapter examines the determinants of privatization in twenty advanced democracies between 1980 and 2007. Particular emphasis is ... More


Leveraging Legal Protection for Religious Liberty

Angela Wu Howard

in The Future of Religious Freedom: Global Challenges

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199930890
eISBN:
9780199980581
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199930890.003.0003
Subject:
Religion, Religion and Society

This chapter explores the lever of law in protecting and advancing religious freedom around the world, as a way illuminate the value, status, and challenges of international legal advocacy. Because ... More


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