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Showing 1 - 12 of 12 results for “petra dobner”
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  • The Twilight of Constitutionalism?

    Edited by Petra Dobner, Martin Loughlin ...
    Series series Oxford Constitutional Theory
    The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of ... Read more

    $51.99 CAD

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  • Institutions of Law

    An EsSay in Legal Theory

    by Neil MacCormick ...
    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

    $50.39 CAD

  • Cosmic Constitutional Theory

    Why Americans Are Losing Their Inalienable Right to Self-Governance

    by J. Harvie Wilkinson, III ...
    Series series Inalienable Rights
    American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging ... Read more

    $40.99 CAD

  • A Critique of Proportionality and Balancing

    by Francisco J. Urbina ...
    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 ... Read more

    $43.99 CAD

  • The Challenge of Originalism

    Theories of Constitutional Interpretation

    Edited by Grant Huscroft, Bradley W. Miller ...
    Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for ... Read more

    $51.99 CAD

  • Proportionality and the Rule of Law

    Rights, Justification, Reasoning

    Edited by Grant Huscroft, Bradley W. Miller, Grégoire Webber ...
    To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality ... Read more

    $48.99 CAD

  • Human Dignity and Law

    Legal and Philosophical Investigations

    by Stephen Riley ...
    This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human ... Read more

    $90.68 CAD

  • The European Union as Guardian of Internet Privacy

    The Story of Art 16 TFEU

    by Hielke Hijmans ...
    Series series Law and Criminology (R0)
    This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance.The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the ... Read more

    $204.99 CAD

  • Judging Statutes

    by Robert A. Katzmann ...
    In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the ... Read more

    $17.59 CAD

  • Harvard Law Review: Volume 129, Number 1 - November 2015

    by Harvard Law Review ...
    The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2014 Term, articles include:* Foreword: "Does the Constitution Mean What It Says?," by David A. Strauss* Comment: "Imperfect Statutes, Imperfect Courts: Understanding Congress's Plan ... Read more

    $5.99 CAD or Free with Kobo Plus

  • The Net and the Nation State

    Multidisciplinary Perspectives on Internet Governance

    Edited by Uta Kohl ...
    This collection investigates the sharpening conflict between the nation state and the internet through a multidisciplinary lens. It challenges the idea of an inherently global internet by examining its increasing territorial fragmentation and, conversely, the notion that for states online law and order is business as usual. Cyberborders based on national law are not just erected around China's ... Read more

    $43.99 CAD

  • Do Great Cases Make Bad Law?

    by Lackland H. Bloom, Jr. ...
    "Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. ... Read more

    $33.59 CAD