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Introduction

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0001
Subject:
Political Science, Comparative Politics

Why is it important to study the genesis of bills of rights? Alongside symbolizing a society's understandings of some of its most important rights and values, this chapter argues that a bill of ... More


Emergency Powers and Terrorism-Related Regulation Circa 2012: Perspectives on Prerogative Power in the United States

Mark Tushnet

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0009
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the role of political and legal constitutionalism in structuring the response to terrorism since 2001. It begins by sketching two claims about the legal regulation of ... More


The Problem with Control

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter examines the argument that democratic dialogue is able to provide a stable theory of constitutionalism, distinct from legal and political constitutionalism in that it provides for a ... More


Re-defining Democratic Dialogue

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter investigates whether democratic dialogue differs from legal and political constitutionalism because it rests on a different set of foundational assumptions. It argues that political ... More


Constitutionalizing Conflict

Christine Bell

in On the Law of Peace: Peace Agreements and the Lex Pacificatoria

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199226832
eISBN:
9780191710261
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226832.003.0011
Subject:
Law, Public International Law

This chapter demonstrates how peace agreement solutions cannot be understood as a common set of conflict resolution techniques, but must be understood as a distinctive form of constitutionalism. ... More


Legal and Political Constitutionalism, and the Response to Terrorism

Mark Tushnet

in The Long Decade: How 9/11 Changed the Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199368327
eISBN:
9780199368358
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199368327.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the performance of legal and political constitutionalism in the United States and the United Kingdom, in dealing with terrorism since 2001. The United States is ordinarily ... More


One Point Zero: Powers

Alexander Somek

in The Cosmopolitan Constitution

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199651535
eISBN:
9780191747878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651535.003.0002
Subject:
Law, Constitutional and Administrative Law, EU Law

Most usefully, the point of the modern constitution can be explained by contrasting it with its most prominent historical predecessor, namely, the mixed constitution. The modern constitution is no ... More


Democracy, Fundamental Rights, and Common Law

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

A study of the Bancoult cases provides a framework for reflection on interconnected questions of fundamental rights, judicial review, justiciability, and deference. This chapter explains how the ... More


The Moderate Hegemony of Liberal Realism

Matt Sleat

in Liberal realism: A realist theory of liberal politics

Published in print:
2013
Published Online:
January 2014
ISBN:
9780719088902
eISBN:
9781781706190
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719088902.003.0008
Subject:
Political Science, Political Theory

How can liberal realism justifies its claim to being a legitimate form of political authority once it has abandoned the consensus vision of the political± What distinguishes liberal realism as a form ... More


Accountability to Law

T R S Allan

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0004
Subject:
Law, Constitutional and Administrative Law

This essay investigates the idea of legal accountability, applicable to public authorities, by reflection on some major debates within constitutional theory. Theories of legal and political ... More


Constitutional Breakdown, Backsliding, or New Post-Conventional Constitutionalism?

Adam Czarnota

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/9780198864738.003.0003
Subject:
Law, Constitutional and Administrative Law

In the text the author tackles the issue of constitutional crisis in Central and Eastern Europe (CEE). It analyses the social source of constitutionalism in CEE after 1989. It criticizes the ... More


Democratic Dialogue and the Dynamic Approach

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter investigates whether democr atic dialogue is distinct because it provides a dynamic account of constitutions, focusing on interactions between institutions and the way in which human ... More


Illiberal Democracy or Populist Authoritarianism?

Wojciech Sadurski

in Poland's Constitutional Breakdown

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198840503
eISBN:
9780191876219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198840503.003.0009
Subject:
Law, Constitutional and Administrative Law

Poland’s constitutional breakdown of 2015 constitutes an interesting, if unfortunate, case study of the relationship between populism and democracy, and the related concept of ‘illiberal democracy’. ... More


The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion

George Thomas

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0005
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines Alexander Hamilton's conception of executive power. It argues that although Hamilton favored an executive with broad discretion in both ordinary and extraordinary circumstances, ... More


The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review

Rosalind Dixon and David Landau

in Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192893765
eISBN:
9780191914720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893765.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explores the abusive borrowing of an important set of concepts associated with political constitutionalism, or the idea that political institutions such as legislatures, rather than ... More


The Post-sovereign Constitution or the Return of Sovereignty?

Michael A. Wilkinson

in Authoritarian Liberalism and the Transformation of Modern Europe

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198854753
eISBN:
9780191888946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854753.003.0008
Subject:
Law, Constitutional and Administrative Law

<Online Only>This chapter outlines how the political constitution after Maastricht developed into a paradoxical configuration, whereby EU constitutional authority was augmented in specific areas, but ... More


From Inter-institutional Interactions to Democratic Dialogue

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter argues that institutional interactions can facilitate a better protection of human rights, help to engage citizens in the protection of rights, and provide a means of checks and balance. ... More


Democratic Dialogue and the UK Constitution

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter explains how democratic dialogue is a constitutional model, which rests on general and specific assumptions. The general assumptions are similar to those found in Waldron’s argument ... More


Inter-institutional Interactions

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter investigates inter-institutional interactions. It explains how these interactions can occur in legal systems with a strong constitutional protection of rights and those with a ... More


Conclusion

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0010
Subject:
Law, Constitutional and Administrative Law, Public International Law

The Conclusion provides a summary of the main argument of the book. It then examines this argument in the light of two recent constitutional developments—the proposed British Bill of Rights and the ... More


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