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Against democratic intergovernmentalism: The case for a theory of constituent power in the global realm

Markus Patberg.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 8844 words.

The normative school of global constitutionalism lacks a convincing model of constitutional politics. As far as the democratic legitimacy of constitution making at the supra-state level is...

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Assuming Responsibility for Incarcerated Children: A Rights Case for Care-based Homes

Kathryn Hollingsworth.

in Current Legal Problems

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 16315 words.

There is overwhelming empirical evidence that the rights and wellbeing of children incarcerated in penal institutions in England and Wales are inadequately protected, despite some...

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Barriers to Empowering Children in Private Family Law Proceedings

Felicity Bell.

in International Journal of Law, Policy and the Family

December 2016; p ublished online October 2016 .

Journal Article. Subjects: Family Law; Law and Society; Politics and Law; Marriage and the Family. 11684 words.

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Be Prepared in Advance: A Case for Allowing Binding Prenuptial Agreements in Hong Kong

Lawrence Li.

in International Journal of Law, Policy and the Family

December 2014; p ublished online October 2014 .

Journal Article. Subjects: Family Law; Law and Society; Politics and Law; Marriage and the Family. 12573 words.

Prenuptial agreements are not unusual in most common law jurisdictions. In fact, law reform has also been proposed in some of the remaining common law jurisdictions which do not recognize...

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The Best Interests of the Child: A Prevailing Consideration within Islamic Principles and a Governing Principle in Child Custody Cases in Pakistan

Shabnam Ishaque and Muhammad Mustafa Khan.

in International Journal of Law, Policy and the Family

April 2015; p ublished online February 2015 .

Journal Article. Subjects: Family Law; Law and Society; Politics and Law; Marriage and the Family. 10214 words.

Few legal scenarios are as emotionally charged as child custody disputes in divorce cases. Such disputes traumatize parents and adversely affect the concerned child who has to face loss of...

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Beyond drip-painting? Ten years of GAL and the emergence of a global administration

Lorenzo Casini.

in International Journal of Constitutional Law

April 2015; p ublished online July 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 2272 words.

This article presents a brief overview of a decade of global administrative law (GAL), shows how GAL productively frames international organizations in terms of global administrations, and...

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Beyond the European Convention: Human Rights and the Common Law

Mark Elliott.

in Current Legal Problems

January 2015; p ublished online August 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 13675 words.

Since its entry into force in 2000, the Human Rights Act 1998 has become largely synonymous with human rights adjudication in the UK. In particular, the notion of common law constitutional...

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The Canadian Experience with Views of the Child Reports: A Valuable Addition to the Toolbox?

Rachel Birnbaum, Nicholas Bala and John-Paul Boyd.

in International Journal of Law, Policy and the Family

August 2016; p ublished online April 2016 .

Journal Article. Subjects: Family Law; Law and Society; Politics and Law; Marriage and the Family. 10392 words.

Non-evaluative Views of the Child Reports prepared by legal or mental health professionals are an increasingly popular means of involving children in the resolution of parenting disputes in...

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The Case for a Visualized Economic Sociology of Legal Development

Amanda Perry-Kessaris.

in Current Legal Problems

January 2014; p ublished online September 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 11655 words.

Legal development work suffers from a general lack of interdisciplinarity and from the associated dominance of economics. A more sociologically informed meta-framework, such as that offered...

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Charitable Purposes and Activities

Jonathan Garton.

in Current Legal Problems

January 2014; p ublished online September 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15792 words.

When determining whether a civil society organization has charitable status, the orthodox position has it that the activities carried on in pursuit of its purposes are not relevant. This...

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