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Systemic Feedback through Selection

Adrian Vermeule

in The System of the Constitution

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the selection of members of institutions, which themselves comprise the overall constitutional order. The traditional fodder of legal reasoning, and also of economic reasoning ... More


Referendums and Constitutional Decision‐Making

Stephen Tierney

in Constitutional Referendums: The Theory and Practice of Republican Deliberation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592791
eISBN:
9780191741067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592791.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter is concerned with the end of the macro stage — the referendum vote itself and its aftermath. The build-up to the referendum may engage the public, citizens may be involved in helping to ... More


Dialogue and Sub-Constitutional Doctrines

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0005
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter considers how courts in Hong Kong, Malaysia, and Singapore can engage in a collaborative conversation with their respective legislatures on rights-protection. This chapter focuses on the ... More


Through the Still Dominant Models of Division Between Constitutional Principles and Rules

Marcelo Neves

in Constitutionalism and the Paradox of Principles and Rules: Between the Hydra and Hercules

Published in print:
2021
Published Online:
June 2021
ISBN:
9780192898746
eISBN:
9780191925276
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192898746.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter initially examines the philosophical background of the dominant model for understanding constitutional principles and rules. Thereafter, it analyses this model, paying special attention ... More


The Straw that Broke the Constitution’s Back?: Qualitative Quantity in Judicial Review of Constitutional Amendments

Yaniv Roznai

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0008
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter examines the doctrines of constitutional unamendability and how they can counteract revolutionary changes. It focuses mainly in developing the theory of quantity transforming into ... More


Where Are the Rules?

Rodney Brazier

in Choosing a Prime Minister: The Transfer of Power in Britain

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198859291
eISBN:
9780191891731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198859291.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter explains that there is no codified set of rules governing how a person is chosen to be Prime Minister or how a vacancy in the office comes about. The small number of legal rules is set ... More


Introduction

Brian C. Kalt

in Constitutional Cliffhangers

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300123517
eISBN:
9780300178012
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300123517.003.0001
Subject:
Law, Constitutional and Administrative Law

This book discusses the election, punishment, and replacement of presidents in the United States. Ideally, the constitutional rules would be clear on such occasions, but often they are not. It ... More


Systems of Sovereignty in Montesquieu

David William Bates

in States of War: Enlightenment Origins of the Political

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231158053
eISBN:
9780231528665
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231158053.003.0004
Subject:
Political Science, Political Theory

This chapter analyzes the political thought of Charles-Louis de Secondat, baron de La Brède et de Montesquieu. In Spirit of the Laws, Montesquieu showed that the empires of England and Rome were ... More


So What Are the Rules?

Rodney Brazier

in Choosing a Prime Minister: The Transfer of Power in Britain

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198859291
eISBN:
9780191891731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198859291.003.0007
Subject:
Law, Constitutional and Administrative Law

The rules and processes that govern and guide how Prime Ministers lose office, and how Prime Ministers take it over, are many, scattered, uncodified, and therefore not easy to access. This is a ... More


Conclusion

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0010
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter concludes the book. It notes that each sub-constitutional tool, as discussed in the proceeding chapters, may be placed on different points of a spectrum that measures the ‘robustness’ of ... More


The Western Liberal Constitution’s Internationalized Making: Rise, Rejection, and Revival

Vijayashri Sripati

in Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands

Published in print:
2020
Published Online:
April 2020
ISBN:
9780199498024
eISBN:
9780199098378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199498024.003.0004
Subject:
Law, Public International Law

This chapter chronologically traces the Western liberal Constitution’s internationalization from 1919-1960 to establish UNCA’s birth in 1949, rejection in 1960 and revival in 1960. This chapter ... More


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