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Back to the Future? Judges, Politicians and the Constitution in the New Scotland

Aidan O’Neill

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/9780197265376.003.0004
Subject:
Law, Human Rights and Immigration

This chapter gives a view for and of Scotland. It highlights the different constitutional status given to Convention rights under the Scotland Act 1998. These constitute absolute and non-negotiable ... More


The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998

C. R. G. Murray

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/9780197265376.003.0003
Subject:
Law, Human Rights and Immigration

Much of the judicial-dialogue debate implies that this process was initiated by the Human Rights Act, but developments since its enactment arguably refine the long-established process whereby the ... More


Extricating ‘Native Title from its Present Entanglement’—Recognizing Diversity and the Problem of a Liberal Constitution

MARK HICKFORD

in Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199568659
eISBN:
9780191731273
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568659.003.0005
Subject:
Law, Legal History, Philosophy of Law

This chapter considers the problem of a liberal political constitution for colonial New Zealand and its relations with native title during the period from 1852 until 1860. Native title and numerous ... More


Constituting the Modern Nation

Robert Colls

in Identity of England

Published in print:
2002
Published Online:
October 2011
ISBN:
9780199245192
eISBN:
9780191697432
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245192.003.0004
Subject:
History, British and Irish Modern History

This chapter focuses on the ways in which the nation has been represented in modern times as a whole entity — through a political constitution, and through the growing power of mass communications. ... More


The Constitution of the Criminal Law

R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds)

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673872
eISBN:
9780191752032
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673872.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how ... More


The Nation Over Itself

Robert Colls

in Identity of England

Published in print:
2002
Published Online:
October 2011
ISBN:
9780199245192
eISBN:
9780191697432
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245192.003.0006
Subject:
History, British and Irish Modern History

This chapter reflects in turn on middle-class political representation, first in ideas and then in personnel. It shows how the call for democracy led to the development of secrecy and centralization, ... More


Counterrevolutionary Traditionalism: A Muffled Polemic

Lucien Jaume

in Tocqueville: The Aristocratic Sources of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691152042
eISBN:
9781400846726
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152042.003.0006
Subject:
Philosophy, Political Philosophy

In the counterrevolutionary school, it remained an article of faith from the time of the Directory to the end of the nineteenth century that individualism is destructive of the social bond, that it ... More


A Social Theory of Constitutional Imaginaries: Beyond the Unity of topos-ethnos-nomos and its European Context

Jiří Přibáň

in Constitutionalism under Stress

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198864738
eISBN:
9780191896774
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198864738.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the concept of constitutional imaginaries and their classic legitimation semantics of topos-ethnos-nomos. Constitutional imaginaries are considered internal symbolic ... More


Parliament and the State

Lauren M. E. Goodlad

in The Oxford History of the Novel in English: Volume 3: The Nineteenth-Century Novel 1820-1880

Published in print:
2011
Published Online:
March 2015
ISBN:
9780199560615
eISBN:
9780191803499
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199560615.003.0027
Subject:
Literature, 19th-century and Victorian Literature

This chapter examines the nineteenth-century parliamentary novel. It shows that in treating Parliament and the political process as the fulcrum of Britain's ‘condition’, parliamentary novels both did ... More


“In a Yielding State”: Nervous Nationalism in the New Republic

Simon Finger

in The Contagious City: The Politics of Public Health in Early Philadelphia

Published in print:
2012
Published Online:
August 2016
ISBN:
9780801448935
eISBN:
9780801464003
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801448935.003.0008
Subject:
History, American History: early to 18th Century

This chapter identifies a post-revolutionary spirit of pragmatic experimentation in the new republic that encompassed medical practice, political organization, and social order. The revolutionary ... More


The Technical Jekyll and the Political Hyde: The Constitutional Law and Politics of Scotland’s Independence ‘Neverendum’

Andrew Tickell

in The Scottish Independence Referendum: Constitutional and Political Implications

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198755517
eISBN:
9780191816697
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755517.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter considers the constitutional law and politics of a second referendum on Scottish independence from the United Kingdom. Drawing on Cass Sunstein’s work on the prudence of ... More


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