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Super Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0007
Subject:
Political Science, American Politics

This chapter examines the relatively rare, though highly significant circumstances in which precedents are practically immune to reconsideration or reversal. After reviewing the basic features that ... More


Who Has Authority to Take the Country to War?

Mariah Zeisberg

in War Powers: The Politics of Constitutional Authority

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691157221
eISBN:
9781400846771
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157221.003.0001
Subject:
Political Science, American Politics

This chapter first sets out the book's purpose, which is to demonstrate that the constitutional politics of war powers can be meaningfully assessed in terms that are congruent, rather than repugnant, ... More


Institutionalized Reason: The Jurisprudence of Robert Alexy

Matthias Klatt (ed.)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.001.0001
Subject:
Law, Philosophy of Law

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The chapters explore the issues surrounding the ... More


Conclusion: The Future of Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0008
Subject:
Political Science, American Politics

In the conclusion Gerhardt reviews the basic arguments made throughout the book about the role of precedent in constitutional law, as well as the ramifications of the Roberts Court's handling of ... More


On the Authority and Interpretation of Constitutions: Some Preliminaries

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0013
Subject:
Law, Philosophy of Law

This chapter discusses the authority and interpretation of constitutions. A principle of constitutional theory that commands widespread support says that the principles of constitutional ... More


Punishment and Freedom

Alan Brudner

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it ... More


10. Constitutional Theory and the Rule of Recognition: Toward a Fourth Theory of Law

MITCHELL N. BERMAN

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter advances one argument and pitches one proposal. The argument is that Hart's theory of law does not succeed. On Hart's account, legal propositions are what they are—that is, they have the ... More


The Paths of Constitutional Theory

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter outlines the methodology of interpretive constitutional theory and locates it amongst other approaches within the discipline. It argues that constitutional theory requires an ... More


Two Degrees of Aggregation

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/9780199838455.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a brief discussion of aggregation problems that are ubiquitous and structural in all constitutional orders. All institutions are aggregates of interacting members, and a ... More


How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin

Rebecca L. Brown

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0004
Subject:
Law, Philosophy of Law

Like rain falling to a parched earth, Ronald Dworkin's early work lighted upon a field of constitutional thought desiccated by embarrassment over Brown v. Board of Education. From a distance of a ... More


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

Peter C. Oliver

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.001.0001
Subject:
Law, Constitutional and Administrative Law

The Constitution of Independence examines how three countries – Australia, Canada and New Zealand – contemplated, achieved, and subsequently explained their constitutional independence. ... More


Perpetual Peace and Fichte’s Theory of the State

Isaac Nakhimovsky

in The Closed Commercial State: Perpetual Peace and Commercial Society from Rousseau to Fichte

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691148946
eISBN:
9781400838752
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691148946.003.0002
Subject:
Political Science, Political Theory

This chapter recounts how Fichte's theory of the state was profoundly shaped by his encounter with Rousseau, Sieyès, and Kant. Fichte developed a more radical version of the constitutional theory ... More


We Are All Originalists Now

Lawrence B. Solum

in Constitutional Originalism: A Debate

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801447938
eISBN:
9780801460630
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801447938.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter advocates a form of constitutional originalism that accepts originalism's major claims while rejecting the label originalism. It first considers the debates about originalism pitting ... More


Constitutional Justice: A Liberal Theory of the Rule of Law

T. R. S. Allan

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explains and defends the concept of the rule of law as an ideal of constitutionalism, and discusses the general principles of public law set in the broader perspective of legal and ... More


Legal Equality

Wojciech Sadurski

in Equality and Legitimacy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545179
eISBN:
9780191719905
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545179.003.0003
Subject:
Law, Philosophy of Law

The principal task for a theory of legal equality is to design a test for non-discriminatory classifications. This chapter argues that no version of a ‘per se theory’ can be satisfactory. More ... More


Constitutional Goods

Alan Brudner

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.001.0001
Subject:
Law, Constitutional and Administrative Law

Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves with agreement on lower-level principles ... More


The Referendum Revival and the Constitutional Moment

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/9780199592791.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter first sets out the focus of the book, namely the relationship between constitutional referendums and democracy. As direct democracy is used increasingly to supplement, and in some ... More


The Central Problem of Liberal Constitutional Theory

Robert Song

in Christianity and Liberal Society

Published in print:
2006
Published Online:
October 2011
ISBN:
9780198269335
eISBN:
9780191683619
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198269335.003.0006
Subject:
Religion, Theology, Religion and Society

This chapter examines the key problem in liberal constitutional theory. It attempts to develop some theological understanding of the issues of constitutional and political theory connected with the ... More


The Rule of Recognition and the U.S. Constitution

Matthew Adler and Kenneth Einar Himma (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.001.0001
Subject:
Law, Constitutional and Administrative Law

This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in ... More


Bentham, Byron, and Greece: Constitutionalism, Nationalism, and Early Liberal Political Thought

F. Rosen

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198200789
eISBN:
9780191674778
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198200789.001.0001
Subject:
History, British and Irish Modern History, History of Ideas

This book explores the connection between Jeremy Bentham and Lord Byron forged by the Greek struggle for independence. It focuses on the activities of the London Greek Committee, supposedly founded ... More


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