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  • Empirical Gap in Jurisprudence

    A Comprehensive Study of the Supreme Court of Canada

    af Daved Muttart ...
    Serier serie Heritage
    In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several ... Læs mere

    661,11 kr.

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  • Reflections on Judging

    For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law. ... Læs mere

    286,24 kr.

  • 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 ... Læs mere

    464,95 kr.

  • The Metaethics of Constitutional Adjudication

    Serier serie 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 ... Læs mere

    865,83 kr.

  • Rulemaking by the European Commission

    The New System for Delegation of Powers

    The last few years have seen major reforms to the delegation of powers and post-delegation supervision of the European Commission. In light of these reforms, Rulemaking by the European Commission: The New System for Delegation of Powers assesses whether the new system has really affected the old doctrine of delegation of powers, and if so, how? Specific questions answered include: have the ... Læs mere

    929,98 kr.

  • The Culturalization of Human Rights Law

    The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of ... Læs mere

    1.074,30 kr.

  • Courts in Conflict

    Interpreting the Layers of Justice in Post-Genocide Rwanda

    af Nicola Palmer ...
    The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations ... Læs mere

    368,74 kr.

  • The Legal Order of the European Union

    The Institutional Role of the Court of Justice

    Serier serie Routledge Research in EU Law
    The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values ... Læs mere

    548,79 kr.

  • The Rule of Recognition and the U.S. Constitution

    The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael ... Læs mere

    1.346,90 kr.

  • The Persistent Objector Rule in International Law

    The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the ... Læs mere

    272,52 kr.

  • The Gods of America

    af Robin Dridge ...
    Chapter one sets the tone of a Legislative branch of elected idiots who have sold out honor and have done nothing to secure the laws they pass against the bias of the Judicial unelected few. The Judicial branch who kingly declares unconstitutional the work of hundreds of elected representatives. Nor has either branch shown, of late, any of the virtues set down by our founding fathers.I ask you a ... Læs mere

    25,59 kr. eller Gratis med Kobo Plus

  • Controversies in American Federalism and Public Policy

    Redigeret af Christopher P. Banks ...
    Serier serie Controversies in American Constitutional Law
    This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact ... Læs mere

    473,45 kr.