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Medieval Origins

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0002
Subject:
Law, Public International Law

This chapter examines the way the modern concept of public law evolved from a series of debates within medieval jurisprudence. In these debates theological and political questions were invariably ... More


The Federal Government

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0003
Subject:
Law, Constitutional and Administrative Law

The structure of the federal government of the United States is characterized by a pronounced application of the principle of separation of powers. A discussion of that principle provides a ... More


Getting (Foreign Affairs) into Court

Martin S. Flaherty

in Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691179124
eISBN:
9780691186122
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691179124.003.0009
Subject:
Political Science, International Relations and Politics

This chapter begins with areas presenting threshold questions of effectively getting cases into court in the first instance. It notes the emergence of an array of doctrines to shut the courthouse ... More


Judicial Involvement in State Constitutional Amendment and Revision

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the extensive judicial involvement in litigation considering the substance and procedure of state constitutional amendment and revision. Some processes of state constitutional ... More


The Role of the Theorist

Steve Buckler

in Hannah Arendt and Political Theory: Challenging the Tradition

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748639021
eISBN:
9780748652853
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748639021.003.0008
Subject:
Political Science, Political Theory

This chapter reviews the argument and the challenges that Arendt's conception of political theory presents to more orthodox contemporary approaches, in both foundational and non-foundational forms. ... More


Political Questions and Nonjusticiability

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0003
Subject:
Political Science, Comparative Politics

The political-questions doctrine has been held to apply to a number of areas, including foreign policy and controversies over whether a state has a republican form of government. Two areas, however, ... More


Law and Politics: The Journey to Bush v. Gore

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0013
Subject:
Law, Legal History, Constitutional and Administrative Law

Bush v. Gore, when it was first decided, was widely criticized by commentators as an unjustifiable intervention by the Supreme Court into the Florida electoral process in the 2000 presidential ... More


A Political Question

Steven G. Calabresi

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0009
Subject:
Political Science, American Politics

This chapter explores the ways in which political efforts to break the “tie vote” in Florida were systematically discredited in the media, while judicial efforts were consistently glorified. It ... More


Polemos, Postmodernism, and Derrida

Gregory Fried

in Heidegger's Polemos: From Being to Politics

Published in print:
2000
Published Online:
October 2013
ISBN:
9780300080384
eISBN:
9780300133271
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080384.003.0006
Subject:
Philosophy, Political Philosophy

This chapter discusses the postmodernist's treatment of politics in Heidegger's works. Postmodernist writers particularly approach the issue of Heidegger's politics as one that introduces profound ... More


What's in a Name?: Culture, Identity, and the “Taiwan Problem”

Melissa J. Brown

in Is Taiwan Chinese?: The Impact of Culture, Power, and Migration on Changing Identities

Published in print:
2004
Published Online:
May 2012
ISBN:
9780520231818
eISBN:
9780520927940
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520231818.003.0001
Subject:
Anthropology, Asian Cultural Anthropology

This chapter introduces the context of the debate between Taiwan and the People's Republic of China over Taiwan's identity and future. It discusses the issues of culture and identity, and explores ... More


Sound Money, Home Rule, and Free Trade

Daniel S. Margolies

in Henry Watterson and the New South: The Politics of Empire, Free Trade, and Globalization

Published in print:
2006
Published Online:
September 2011
ISBN:
9780813124179
eISBN:
9780813134970
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813124179.003.0003
Subject:
History, Political History

This chapter discusses the most puzzling political questions during the end of the nineteenth century and how Henry Watterson addressed these. He argued that there was only one way to save the ... More


The Decision to Grant the Preference (1964–1967)

Fernando Guirao

in The European Rescue of the Franco Regime, 1950-1975

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198861232
eISBN:
9780191893315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861232.003.0005
Subject:
History, European Modern History, Political History

For the Six, Chapter 4 shows, the Spanish question boiled down to whether they would grant the preference rather than how. Documentary records and trade data show that the EEC did not discriminate ... More


Stalled at the Altar?: Conflict, Hierarchy, and Compartmentalization in Burawoy’s Public Sociology

Sharon Hays

in Public Sociology: Fifteen Eminent Sociologists Debate Politics and the Profession in the Twenty-first Century

Published in print:
2007
Published Online:
March 2012
ISBN:
9780520251373
eISBN:
9780520940758
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520251373.003.0004
Subject:
Sociology, Comparative and Historical Sociology

Writing from the perspective of the United States, this chapter expresses some doubts on seeing public sociology as an already accomplished practice. It notes that Burawoy's public address is a ... More


Contexts and intertexts

Bruce Woodcock

in Peter Carey

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719043604
eISBN:
9781781700532
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719043604.003.0001
Subject:
Literature, 20th-century and Contemporary Literature

This chapter describes Peter Carey's writing and fiction. It first provides some background information about Carey, his education, and his early attempts at writing. Next, it reveals a new kind of ... More


Federal Separation of Powers

Kent Greenawalt

in Interpreting the Constitution

Published in print:
2015
Published Online:
October 2015
ISBN:
9780199756155
eISBN:
9780190297527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756155.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter deals with the distribution of political power within the U.S. federal government. A central issue is how far courts should involve themselves over whether Congress or the executive ... More


Judicial Self-reflection and Institutional Awareness

Michaela Hailbronner

in Traditions and Transformations: The Rise of German Constitutionalism

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198735427
eISBN:
9780191799587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735427.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the question of judicial self-restraint and institutional awareness in German constitutional jurisprudence. It argues that while courts in coordinate legal cultures are ... More


Reconfiguring Love … A Deleuzian Travesty? Leon and a Molecular Politics via the Girl and the Child

Barbara M. Kennedy

in Deleuze and Cinema: The Aesthetics of Sensation

Published in print:
2000
Published Online:
March 2012
ISBN:
9780748611348
eISBN:
9780748652310
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748611348.003.0010
Subject:
Philosophy, Aesthetics

This chapter examines the film Leon in the context of Gilles Deleuze's concept of becoming, and explores the Deluzian concept of the girl in relation to becoming-woman. It analyses the film through a ... More


The Reapportionment Cases

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0014
Subject:
Law, Legal History

The Reapportionment Cases resulted in one of the most significant changes in political power in American history. By 1960, virtually all state legislatures were grossly malapportioned on account of ... More


The Paradox of Judicialization

Federico Fabbrini

in Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198749134
eISBN:
9780191813344
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198749134.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 2 examines the implications of the Euro-crisis and the responses to it on the horizontal relations of power between the courts and the political branches and argues that the adoption of new ... More


Questions of Jurisdiction and the Discretion to Decline a Request for an Advisory Opinion

Vladimir Djeric

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with questions of the jurisdiction of the International Court of Justice in the Kosovo advisory proceedings and its discretion to decline to exercise advisory jurisdiction. These ... More


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