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« grant huscroft »

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  • The Challenge of Originalism

    Theories of Constitutional Interpretation

    Modifié par 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 ... En savoir plus

    $51.99 CAD

  • Proportionality and the Rule of Law

    Rights, Justification, Reasoning

    Modifié par 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 ... En savoir plus

    $48.99 CAD

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  • Proportionality

    Constitutional Rights and their Limitations

    par Aharon Barak ...
    Collections Livre 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 ... En savoir plus

    $69.99 CAD

  • Exploring Law's Empire

    The Jurisprudence of Ronald Dworkin

    Modifié par Scott Hershovitz ...
    Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the ... En savoir plus

    $37.59 CAD

  • The Structure of Pluralism

    par Victor M. Muniz-Fraticelli ...
    Collections series Oxford Constitutional Theory
    Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a ... En savoir plus

    $95.99 CAD

  • Beyond Constitutionalism

    The Pluralist Structure of Postnational Law

    par Nico Krisch ...
    Collections series Oxford Constitutional Theory
    Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state ... En savoir plus

    $56.99 CAD

  • The Judge in a Democracy

    par Aharon Barak ...
    Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the ... En savoir plus

    $43.99 CAD

  • The Philosophical Origins of Modern Contract Doctrine

    par James Gordley ...
    Collections series Clarendon Law Series
    This book traces the influence of philosophical ideas on the development of contract law from the post-Roman period through to the nineteenth century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Thomas Aquinas. Although primarily a study of the late scholastics this is a book about the history of ideas, and as such will be of great interest to legal ... En savoir plus

    $76.99 CAD

  • The Twilight of Constitutionalism?

    Modifié par Petra Dobner, Martin Loughlin ...
    Collections 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 ... En savoir plus

    $51.99 CAD

  • An Approach to Rights

    Studies in the Philosophy of Law and Morals

    par C.P. Wellman ...
    Collections series Law and Criminology (R0)
    An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. ... En savoir plus

    $204.99 CAD

  • Foundations of Public Law

    par Martin Loughlin ...
    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 ... En savoir plus

    $56.99 CAD

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

    par Harvard Law Review ...
    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 ... En savoir plus

    $5.99 CAD ou Gratuit avec Kobo Plus