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  • Legitimacy Gap

    Secularism, Religion, and Culture in Comparative Constitutional Law

    This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates ... Leer más

    $92.99 USD

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  • Foundations of Public Law

    Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence ... Leer más

    $58.99 USD

  • Ashes and Sparks

    Essays On Law and Justice

    As a practising barrister, the Rt. Hon. Lord Justice Sedley wrote widely on legal and non-legal matters, and continued to do so after becoming a judge in 1992. This anthology contains classic articles, previously unpublished essays and lecture transcripts. To each, he has added reflections on what has transpired since or an explanation of the British legal and political context that originally ... Leer más

    $40.99 USD

  • The Oxford Handbook of Comparative Constitutional Law

    Edición de Michel Rosenfeld, András Sajó ...
    Series series Oxford Handbooks
    The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges ... Leer más

    $71.99 USD

  • The Cultural Defense of Nations

    A Liberal Theory of Majority Rights

    de Liav Orgad ...
    Series series Oxford Constitutional Theory
    The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee ... Leer más

    $41.39 USD

  • A Critique of Proportionality and Balancing

    The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a ... Leer más

    $38.99 USD

  • More Essential than Ever

    The Fourth Amendment in the Twenty First Century

    Series series Inalienable Rights
    When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat ... Leer más

    $41.99 USD

  • The Fragility of Law

    Constitutional Patriotism and the Jews of Belgium, 1940–1945

    de David Fraser ...
    The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property.David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic ... Leer más

    $65.99 USD

  • States of Emergency and the Law

    The Experience of Bangladesh

    Series series Comparative Constitutionalism in Muslim Majority States
    In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the ... Leer más

    $62.99 USD

  • Looking for Rights in All the Wrong Places

    Why State Constitutions Contain America's Positive Rights

    de Emily Zackin ...
    Series series Princeton Studies in American Politics
    Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. ... Leer más

    $28.09 USD

  • Surveillance, Counter-Terrorism and Comparative Constitutionalism

    Series series Routledge Research in Terrorism and the Law
    The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies.This book brings together leading legal scholars in ... Leer más

    $70.99 USD

  • Law and the Limits of Reason

    Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional ... Leer más

    $52.99 USD