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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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Ariadne’s Thread

Francisco A. Ortega.

in Constitutionalism, Legitimacy, and Power

September 2014; p ublished online November 2014 .

Chapter. Subjects: Constitutional and Administrative Law; Comparative Law. 8403 words.

A sense of optimism prevailed among broad sectors of revolutionaries during the period of the first republic (1810–1816) in New Granada, present-day Colombia. It was an optimism that saw in...

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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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Case Selection and Research Design in Comparative Constitutional Studies

Ran Hirschl.

in Comparative Matters

August 2014; p ublished online September 2014 .

Chapter. Subjects: Comparative Law; Constitutional and Administrative Law. 22764 words.

Comparative constitutional law’s methodological matrix is fuzzy and amorphous. A close look at social science methods suggests a toolkit of considerations to be addressed in conducting...

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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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