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Affirmative Action

Daniel Sabbagh.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law. 10451 words.

This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively...

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An Alternative Case for Reform

Robert Diab.

in The Harbinger Theory

May 2015; p ublished online April 2015 .

Chapter. Subjects: Comparative Law; Constitutional and Administrative Law. 25928 words.

This chapter proposes an alternative approach to advocating reform of national security law and policy. Prevailing approaches have tended to avoid challenging a belief often used to justify...

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Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)

Ulrich K. Preuß.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law. 10299 words.

Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of...

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Asymmetric Federalism

Louise Tillin.

in The Oxford Handbook of the Indian Constitution

March 2016; p ublished online February 2017 .

Article. Subjects: Constitutional and Administrative Law; Comparative Law. 10341 words.

This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments...

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B. Comparative Constitutional Analysis in United States Adjudication and Scholarship

Michel Rosenfeld.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law. 8478 words.

This article presents an analysis of comparative constitutional law. This study deals with United States adjudication and scholarship. It discusses the current American controversy over...

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Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life

Judit Sándor.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law. 11344 words.

This article explores the connections between bioethics and basic rights partly by analyzing the basic legal norms of bioethics, and partly by comparing thematic cases from the...

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Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism

Peer Zumbansen.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law. 13277 words.

This article outlines and assesses the role of ‘typologies’ in comparative constitutional thought. It discusses the transnational context of comparative constitutionalism, constitutionalism...

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Citizenship

Ayelet Shachar.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law; Human Rights and Immigration. 10787 words.

This article highlights the trials and tribulations of citizenship in a world of increasing mobility and diversity. The discussion is divided into three parts. Section I provides a concise...

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Civilians

Adil Ahmad Haque.

in Law and Morality at War

January 2017; p ublished online March 2017 .

Chapter. Subjects: Comparative Law; Constitutional and Administrative Law. 14253 words.

This chapter offers a moral defense of the legal principle of civilian immunity. Civilians enjoy general legal protection from intentional, unnecessary, and disproportionate harm unless and...

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Combatants

Adil Ahmad Haque.

in Law and Morality at War

January 2017; p ublished online March 2017 .

Chapter. Subjects: Comparative Law; Constitutional and Administrative Law. 10082 words.

International law should prohibit intentionally killing combatants “if it becomes apparent” that they perform noncombat functions. Importantly, one need not presume that combatants perform...

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