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A Constitutional Reformation Church Order?

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:
10.1093/0198269943.003.0014
Subject:
Religion, Church History

Introduces a new Protestant constitutional church order against the background of war and revolution, and collapse of the old Catholic Empire in 1806. In Germany, it meant very limited religious ... More


The Principal Questions of Constitutional Interpretation

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter takes up the principal questions of constitutional interpretation and the assumptions underlying the enterprise of constitutional interpretation by considering William Rehnquist's ... More


Legislative Recognition and Implementation

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0010
Subject:
Philosophy, General

This chapter assesses the legislative recognition of human rights. Basal human rights ought to be recognized and entrenched in a written constitution in order to protect them more firmly. But derived ... More


Narrow Originalism/Intentionalism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0006
Subject:
Law, Constitutional and Administrative Law

Narrow originalists contend that constitutional interpreters can avoid philosophical reflection and choice by determining and enforcing the relatively concrete intentions (or original meanings or ... More


The common law system in America

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0018
Subject:
Law, Constitutional and Administrative Law

The common law world has one system of statutory interpretation, though some in the United States think constitutional enactments should be construed differently. A written constitution is incomplete ... More


Introduction

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.003.0001
Subject:
Society and Culture, Scottish Studies

This chapter sets the book in its political landscape – in the aftermath of a relatively narrow defeat for the pro-independence side in Scotland’s 2014 independence referendum. It illustrates that ... More


The Global Development of the Westminster Model

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.003.0002
Subject:
Society and Culture, Scottish Studies

This chapter argues that the term ‘Westminster Model’ is still a useful on in categorising politico-legal systems which, although capable of accommodating much diversity in term of institutional ... More


Constitutionalism as Democracy

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0009
Subject:
Philosophy, Political Philosophy

Democratic self-government can be achieved, even in principle, through an inscriptive politics rather than through a politics of popular voice. This chapter describes the basic terms of ... More


The Philosophic Approach

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter defends the philosophic approach to constitutional interpretation. This thinking for oneself must be conducted with an attitude of self-criticism, seeing constitutional interpretation as ... More


Constituting Scotland: The Scottish National Movement and the Westminster Model

W. Elliot Bulmer

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.001.0001
Subject:
Society and Culture, Scottish Studies

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future ... More


Prolonged Transition and Setback in Reforms: Timing, Sequencing, and Contestations over Reforms in Post-Conflict Nepal

Mahendra Lawoti

in Building Sustainable Peace: Timing and Sequencing of Post-Conflict Reconstruction and Peacebuilding

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198757276
eISBN:
9780191817212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757276.003.0022
Subject:
Economics and Finance, Development, Growth, and Environmental, Public and Welfare

The chapter argues that the underlying reason for the long transition in post-conflict Nepal was not contestations over class issues but rather a dispute over an appropriate federal model. The ... More


The Referendum Debate, the Democratic Deficit, and the Governance of Scotland

Alan Page

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/9780198755517.003.0012
Subject:
Law, Constitutional and Administrative Law

Had Scotland voted for independence, the SNP government intended that the Scottish Parliament would establish a constitutional convention to prepare a permanent written constitution. Scotland’s ... More


The Universal Rule of Natural Law and Written Constitutions in the Thought of Johannes Althusius

John Witte

in Morality and Responsibility of Rulers: European and Chinese Origins of a Rule of Law as Justice for World Order

Published in print:
2018
Published Online:
April 2018
ISBN:
9780199670055
eISBN:
9780191749438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199670055.003.0008
Subject:
Law, Public International Law

Calvinist jurist Johannes Althusius (1557–1638) developed what he called a ‘universal theory’ of law and politics for war-torn Europe. He called for written constitutions that separated the ... More


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