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Political Institutions: Legal Perspectives

Gavin Drewry

in A New Handbook of Political Science

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198294719
eISBN:
9780191599361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294719.003.0006
Subject:
Political Science, Reference

Questions the omission of law and legal perspectives in political science and advocates its relevance and overlap in two country examples: the USA and the UK. Legal politics, the role of the ... More


Investment Treaty Arbitration and Public Law

Gus Van Harten

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.001.0001
Subject:
Law, Public International Law

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of ... More


Unjust Enrichment and the Idea of Public Law

Charles Mitchell and Peter Oliver

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0014
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter considers Martin Loughlin's work on the nature of public law and its implications for claims to recover money paid as tax which is not due. Loughlin argues that most Anglo-American ... More


International Investment Law and Comparative Public Law—an Introduction

Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter provides an introduction to the conceptual foundations of the book. It points to the need to develop new conceptual approaches to remedy discontents that have emerged in relation to ... More


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


International Investment Law and Comparative Public Law

Stephan W. Schill (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ... More


Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Erich Vranes

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.001.0001
Subject:
Law, Public International Law, EU Law

This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ... More


Government and the Judiciary

Robert Stevens

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/9780197263198.003.0009
Subject:
Political Science, UK Politics

This chapter examines the changes in the relation between the government and the judiciary in Great Britain during the twentieth century, explaining that, for much of the twentieth century, the ... More


Central Executive: The Legal Structure of State Institutions

Stuart Anderson

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0011
Subject:
Law, Legal History

This chapter focuses on how the central executive was structured in law, and how and why that changed. Topics discussed include statutory agencies, ministries and other crown agencies, and the ... More


The Need for Public Law Standards of Review in Investor-State Arbitrations

William Burke-White and Andreas von Staden

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0022
Subject:
Law, Constitutional and Administrative Law, Public International Law

In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals ... More


The Birth of Public Law

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/9780199256853.003.0003
Subject:
Law, Public International Law

Public law emerges as an autonomous field of knowledge in the period between the mid-16th and late 17th centuries. This was a critical period of intense religious conflict in which the character of ... More


Peremptory Norms as International Public Order

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0002
Subject:
Law, Public International Law

This chapter focuses on the origins of the notion of jus cogens (public order/public policy) and examines its fundamental characteristics by reference to different national legal systems. It then ... More


Arguments for and Against Common Law Marriage and Cohabitation Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0014
Subject:
Law, Family Law

This chapter, addressed primarily to legislative bodies considering repealing or enacting common law marriage or other cohabitation legislation, discusses the reasons that support these legal ... More


Wrongs and the Law of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter concerns itself with the identification of the subject-matter of the book, wrongs and the law of wrongs. Regarding the former, the definition offered of a wrong (or civil wrong) is that ... More


A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

J.W.F. Allison

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.001.0001
Subject:
Law, Comparative Law, Legal History

The development of an autonomous English public law has been accompanied by persistent problems — a lack of systematic principles, dissatisfaction with judicial review procedure, and uncertainty ... More


Introduction

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0001
Subject:
Law, Comparative Law, Legal History

The fundamental and long-established distinction between public and private law on the Continent developed from Ulpian's distinction in Justinian's Digest, and is thus ancient in origin. This ... More


If Only It Were So Simple: Public Health Services and EU Law

Tamara K Hervey

in Market Integration and Public Services in the European Union

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199607730
eISBN:
9780191725258
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199607730.003.0007
Subject:
Law, EU Law

This chapter begins with a discussion of ‘public health services’ in the context of the EU's Member States in the 21st century. It then considers the current position of the relationships between EU ... More


The Public Law Perspective

A C L Davies

in The Public Law of Government Contracts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199287390
eISBN:
9780191713484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287390.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that public law should constitute an important part of the regulatory regime for government contracting. Public law is designed to address the special features of government: its ... More


After Public Law

Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker (eds)

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199669318
eISBN:
9780191749353
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669318.001.0001
Subject:
Law, Constitutional and Administrative Law

Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However, in recent years a common theme running through the discussions of public law is one of loss. ... More


Government of the Church‐State

Nicholas Hope

in German and Scandinavian Protestantism 1700-1918

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198269946
eISBN:
9780191600647
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198269943.003.0005
Subject:
Religion, Church History

Examines authority in the interdependent church state conditioned by the customary arrangements described previously. Professionalization of government carried out by ‘new monarchy’ (1650–1750) moved ... More


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