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  • Lawyering for the Rule of Law

    Government Lawyers and the Rise of Judicial Power in Israel

    by Yoav Dotan ...
    Series Book 9 - Cambridge Studies in Constitutional Law
    Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms ... Read more

    $38.59 USD

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  • Proportionality

    Constitutional Rights and their Limitations

    by Aharon Barak ...
    Series Book 2 - Cambridge Studies in Constitutional Law
    Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main ... Read more

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  • Institutions of Law

    An EsSay in Legal Theory

    Series series Law, State, and Practical Reason
    Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal ... Read more

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  • On the Limits of Constitutional Adjudication

    Deconstructing Balancing and Judicial Activism

    Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to ... Read more

    $143.09 USD

  • The Constitutional State

    by N.W. Barber ...
    Series series Oxford Constitutional Theory
    The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and ... Read more

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  • The Foundations of Australian Public Law

    State, Power, Accountability

    In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by ... Read more

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  • The Cultural Defense of Nations

    A Liberal Theory of Majority Rights

    by 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 ... Read more

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  • Harvard Law Review: Volume 130, Number 1 - November 2016

    The November issue is the special annual review of the U.S. Supreme Court's previous Term. The issue also includes an In Memoriam section honoring the memory of Justice Antonin Scalia. Contributors include Chief Justice John Roberts, Jr. and Associate Justices Ruth Bader Ginsburg and Elena Kagan, as well as Cass Sunstein, Martha Minow, John Manning, and Rachel Barkow.Each year, the Supreme Court ... Read more

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  • The Metaethics of Constitutional Adjudication

    Series series Oxford Constitutional Theory
    In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the ... Read more

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  • Yale Law Journal: Volume 123, Number 6 - April 2014

    The April 2014 issue of The Yale Law Journal (Vol. 123, No. 6) features new articles and essays on law and legal theory by internationally recognized scholars. An extensive Feature explores the idea of Federalism as the New Nationalism, with contributions by Jessica Bulman-Pozen ("From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism"), Heather Gerken ( ... Read more

    $0.99 USD or Free with Kobo Plus

  • Constitutionalism

    Past, Present, and Future

    by Dieter Grimm ...
    Series series Oxford Constitutional Theory
    Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to ... Read more

    $38.69 USD

  • European Constitutional Language

    by András Jakab ...
    If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He ... Read more

    $47.59 USD