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Abstract and Concrete Review in the United States

Alec Stone Sweet and Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Towards a Theory of Stare Decisis

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0003
Subject:
Political Science, Comparative Politics

This paper, which was originally published in The Journal of Legal Studies in 1972, is the first of two that examine some of the problems posed by the method of law-making that is associated with the ... More


Path Dependence, Precedent, and Judicial Power

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0004
Subject:
Political Science, Comparative Politics

This paper is the first part of a much longer version (co-authored by Maragaret McCown) that was presented at the Colloquium on Law, Economics, and Politics, at the Law School, New York University, ... More


Introduction

Nils Jansen

in The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to ... More


Britain and Europe

Ian Loveland

in The British Constitution in the Twentieth Century

Published in print:
2004
Published Online:
January 2012
ISBN:
9780197263198
eISBN:
9780191734755
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263198.003.0017
Subject:
Political Science, UK Politics

This chapter examines the changes in Great Britain's relationship with the rest of Europe during the twentieth century. Britain's membership to the European Community (EC) has significantly affected ... More


Introduction

Theodor Meron

in Human Rights Law-Making in the United Nations: A Critique of Instruments and Process

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255499
eISBN:
9780191681608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255499.003.0001
Subject:
Law, Public International Law

This introductory chapter sets out the purpose of the book, which is to demonstrate some of the weaknesses inherent in the present methods of adopting human rights instruments employed by the United ... More


Law-making and Constitutionalism

Jan Klabbers

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0003
Subject:
Law, Public International Law

This chapter looks into the question how, in a constitutionalizing world order, international law-making could take place. It identifies two poles: on the one hand, law-making should do justice to ... More


Justice

P. R. Cavill

in The English Parliaments of Henry VII 1485-1504

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199573837
eISBN:
9780191721878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573837.003.0004
Subject:
History, British and Irish Early Modern History

Chapter 3 sets the enactment and enforcement of parliamentary legislation within the framework of the crown's responsibility to dispense justice and to uphold the law. It first discusses contextual ... More


Introduction

James Lindley Wilson

in Democratic Equality

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691190914
eISBN:
9780691194141
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691190914.003.0001
Subject:
Philosophy, Political Philosophy

This introductory chapter provides an overview of democracy. Democracy draws much of its political and philosophical support from its claim to be the form of government in which citizens rule ... More


The Evolution of the Law of Command Responsibility and the Principle of Legality

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the birth and development of the doctrine of superior responsibility and the part which war crimes tribunals have played in developing and defining that doctrine.


The Interpretation of Silence in the WTO Covered Agreements

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0004
Subject:
Law, Public International Law

This chapter raises the question of how and when to interpret silence in the WTO covered agreements. The notion of ‘silence’ in treaty language is used as an alternative mode of thinking about ... More


Political Yardstick Competition and Corporate Governance in the European Union

Pierre Salmon

in Investor Protection in Europe: Corporate Law Making, The MiFID and Beyond

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199202911
eISBN:
9780191707964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202911.003.0002
Subject:
Law, Company and Commercial Law

The question whether regulatory competition in the area of company law could take place in the European Union (EU) in a way similar to that in the United States (the Delaware phenomenon) ignores the ... More


Law- and Policy Making

Douglas A. Chalmers

in Reforming Democracies: Six Facts About Politics That Demand a New Agenda

Published in print:
2014
Published Online:
November 2015
ISBN:
9780231162951
eISBN:
9780231531054
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231162951.003.0009
Subject:
Political Science, Democratization

This chapter focuses on the policy- and law-making process, where decisions are made and the elements of the decision-making process come together, along with the challenges they present for ... More


Human Rights Law-Making in the United Nations: A Case for Reforms

Theodor Meron

in Human Rights Law-Making in the United Nations: A Critique of Instruments and Process

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255499
eISBN:
9780191681608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255499.003.0008
Subject:
Law, Public International Law

Recent studies have drawn attention to human rights law-making in the United Nations. They point to deficiencies in both the process and the quality of the instruments which have been adopted. These ... More


Reciprocity Reciprocity and Neuroscience in Public Health Law

A.M. Viens

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0019
Subject:
Law, Medical Law

There is an underdeveloped potential for using neuroscience as a particular input in the process of law-making. This chapter examines one such instance in the area of public health law. Neuroscience ... More


Introduction: Law, Non-Law and the Problem of ‘Soft Law’

Dinah Shelton

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0001
Subject:
Law, Public International Law

This introductory chapter sets forth a framework for the present study, beginning with a discussion of the traditional characteristics of international law. It then looks at recent changes in the ... More


Breaking the unbroken tradition

Richard J. Watts

in Language Myths and the History of English

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195327601
eISBN:
9780199893539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195327601.003.0003
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

The second major myth, the “myth of the unbroken tradition”, is the focus of Chapter 3 and it is closely associated with the establishment of an ancient pedigree for English. The unbroken tradition ... More


Defining Parliamentary Sovereignty

Jeffrey Goldsworthy

in The Sovereignty of Parliament: History and Philosophy

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199248087
eISBN:
9780191705199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248087.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the doctrine of parliamentary sovereignty. It begins by defining ‘parliament’ and ‘sovereignty’. It then considers the development of law-making and constitutional thought from ... More


The life cycle of international agreements

Piet Eeckhout

in EU External Relations Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606634
eISBN:
9780191729560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606634.003.0006
Subject:
Law, EU Law

This chapter examines the procedure for the EU's negotiation, conclusion, and termination of an international agreement. Although at face value this may seem like a terse and self-referential legal ... More


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