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Beyond ConstitutionalismThe Pluralist Structure of Postnational Law

Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Nico Krisch

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

This book traces a fundamental transformation in law—the turn towards ‘postnational law’—which reflects the increasing enmeshment of national, regional, and international law and calls into question ... More

Challenging Acts of International Organizations Before National Courts

Challenging Acts of International Organizations Before National Courts

August Reinisch (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ... More

Constitutional and Political TheorySelected Writings

Constitutional and Political Theory: Selected Writings

Ernst-Wolfgang Böckenförde

Mirjam Künkler and Tine Stein (eds)

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The book is a first representative edition in English of Ernst-Wolfgang Böckenförde’s writings on constitutional, legal, and political theory. As a German legal scholar and former judge on Germany’s ... More

Constitutional FragmentsSocietal Constitutionalism and Globalization

Constitutional Fragments: Societal Constitutionalism and Globalization

Gunther Teubner

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644674
eISBN:
9780191738814
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644674.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Over the past few years, a series of political scandals have raised the ‘new constitutional question’. Multinational corporations violated human rights; private intermediaries in the internet ... More

Constitutional Secularism in an Age of Religious Revival

Constitutional Secularism in an Age of Religious Revival

Susanna Mancini and Michel Rosenfeld (eds)

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660384
eISBN:
9780191748264
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660384.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle ... More

The Death of Treaty SupremacyAn Invisible Constitutional Change

The Death of Treaty Supremacy: An Invisible Constitutional Change

David L. Sloss

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Traditionally, the Constitution’s treaty supremacy rule provided that all treaties supersede conflicting state laws. The rule was designed to prevent treaty violations by state governments. From the ... More

Democratic Dialogue and the Constitution

Democratic Dialogue and the Constitution

Alison L Young

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Constitutions divide into those which empower courts to strike down legislation which contravenes human rights and those which do not. The Human Rights Act 1998 is regarded as an example of a ... More

Due Process of Law Beyond the StateRequirements of Administrative Procedure

Due Process of Law Beyond the State: Requirements of Administrative Procedure

Giacinto della Cananea

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198788386
eISBN:
9780191830303
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788386.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Most, if not all, issues concerning administrative law were regarded as a type of national enclave. It was the responsibility of the State to ensure that adequate procedural safeguards were in place ... More

Fiduciaries of HumanityHow International Law Constitutes Authority

Fiduciaries of Humanity: How International Law Constitutes Authority

Evan J. Criddle and Evan Fox-Decent

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199397921
eISBN:
9780199397945
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199397921.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

This book addresses an enduring puzzle at the heart of contemporary international law: the apparent tension between state sovereignty and state responsibility. The authors offer a new theory of ... More

Foreign Affairs FederalismThe Myth of National Exclusivity

Foreign Affairs Federalism: The Myth of National Exclusivity

Michael J. Glennon and Robert D. Sloane

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199941490
eISBN:
9780199366798
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941490.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael Glennon and Robert Sloane propose that we recognize the prominent role that states ... More

The Global Model of Constitutional Rights

The Global Model of Constitutional Rights

Kai Möller

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now ... More

Habeas Corpus in WartimeFrom the Tower of London to Guantanamo Bay

Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Amanda L. Tyler

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199856664
eISBN:
9780199366668
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199856664.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing ... More

In the Shadow of KorematsuDemocratic Liberties and National Security

In the Shadow of Korematsu: Democratic Liberties and National Security

Eric K. Yamamoto

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190878955
eISBN:
9780190878986
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190878955.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

The national security and civil liberties tensions of the World War II mass Japanese American internment (incarceration) link 9/11 and the 2015 Paris-San Bernardino attacks to the era in America ... More

International Investment Law and Comparative Public Law

International Investment Law and Comparative Public Law

Stephan W. Schill (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ... More

Interpretation in International Law

Interpretation in International Law

Andrea Bianchi, Daniel Peat, and Matthew Windsor (eds)

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

The relevance of interpretation to the academic study and professional practice of international law is self-evident. As new insights on the practice and process of interpretation abound in other ... More

Iraq and the Use of Force in International Law

Iraq and the Use of Force in International Law

Marc Weller

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199595303
eISBN:
9780191595769
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595303.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing ... More

The Law of Nations and the United States Constitution

The Law of Nations and the United States Constitution

Anthony J. Bellia Jr. and Bradford R. Clark

Published in print:
2017
Published Online:
April 2017
ISBN:
9780199841257
eISBN:
9780190666798
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199841257.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

The Law of Nations and the United States Constitution offers anyone interested in constitutional governance in the United States a new lens through which to analyze the role of customary ... More

Market and Competition AuthoritiesGood Agency Principles

Market and Competition Authorities: Good Agency Principles

Annetje Ottow

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198733041
eISBN:
9780191797484
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198733041.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Good agency principles are those principles that independent authorities can use to transform themselves into well-governed organizations demonstrating good agency behaviour. This book establishes ... More

National Security and Double Government

National Security and Double Government

Michael J. Glennon

Published in print:
2014
Published Online:
October 2014
ISBN:
9780190206444
eISBN:
9780190206475
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190206444.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of “double government” posed by the nineteenth-century English ... More

The New Separation of PowersA Theory for the Modern State

The New Separation of Powers: A Theory for the Modern State

Eoin Carolan

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern ... More

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