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Constitutional Foundations of Judicial Review

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/9780199685066.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The ultra vires doctrine of administrative law, which confines a public authority to the jurisdiction conferred by Parliament, has been challenged by a common law theory of judicial review: the power ... More


Judicial Review and Judicial Restraint

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/9780199685066.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter examines and rejects demands for a special doctrine of judicial deference to safeguard the legitimacy of judicial review. It contends that considerations of legitimacy and expertise are ... More


Introduction

K. D. Ewing and C. A. Gearty

in The Struggle for Civil Liberties: Political Freedom and the Rule of Law in Britain, 1914-1945

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198762515
eISBN:
9780191695193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198762515.003.0001
Subject:
Law, Human Rights and Immigration

This chapter discusses and attempts to define civil liberties. Although there have been a number of books written about the subject, these have seemingly failed to provide a working definition of ... More


The Principle of Legality at the Crossroads of Human Rights and International Criminal Law

Shane Darcy

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights ... More


The ‘New Penology’ as a Constitutional Matter: The Crisis of Legality in the Rule of Law and the (1900s to 1930s)

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0007
Subject:
Law, Criminal Law and Criminology

The chapter provides an analysis of the key role of the principle of legality for penal liberalism and of its fragmentation as a consequence of criminological theories and the individualization of ... More


Toward a Normative Theory of Equal Culpability Imputation

Alexander Sarch

in Criminally Ignorant

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.003.0006
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter aims to defend a general theory of equal-culpability-based imputation of mental states in the criminal law. The willful ignorance doctrine is one example of an equal culpability mens rea ... More


A Convention for the Suppression of State Organized Crime

Henri Decoeur

in Confronting the Shadow State: An International Law Perspective on State Organized Crime

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198823933
eISBN:
9780191862649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823933.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 6 proposes the adoption and discusses the contents of a universal treaty by which states parties would undertake to criminalize state organized crime specifically, to adopt provisions in ... More


Challenges for the Implementation of the Consumer ADR Directive in Spain

Fernando Esteban De La Rosa

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0014
Subject:
Law, EU Law

The aim of this chapter is to analyse the challenges that the Spanish legislation will have to overcome in order to adapt to the new European Law on CADR. Spain has a long experience of CADR ... More


Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Michele Pifferi

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.001.0001
Subject:
Law, Criminal Law and Criminology

The book provides an historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the United States between the 1870s and the 1930s. The ... More


Limits to Legislation

Michael Tugendhat

in Liberty Intact: Human Rights in English Law

Published in print:
2016
Published Online:
February 2017
ISBN:
9780198790990
eISBN:
9780191833403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198790990.003.0014
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Parliament is a a permanent constitutional convention. Judges can judicially review all legislation that is not a statute. A codified constitution and a statute differ from human rights: they are ... More


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