in The Economics of Lawmaking
February 2009; p ublished online January 2009 .
Chapter. Subjects: Constitutional and Administrative Law. 9704 words.
This chapter extends the analysis of Chapter 10 to consider new theories of customary law formation, with special emphasis on the role of articulation. The chapter is structured as follows....
July 2013; p ublished online September 2013 .
Book. Subjects: Constitutional and Administrative Law. 369 pages.
This book presents the author's most recent defence of common law constitutionalism — an account of the unwritten or non-codified constitution as a complex articulation of legal and moral...
in The Constitution of Electoral Speech Law
March 2008; p ublished online June 2013 .
Chapter. Subjects: Constitutional and Administrative Law. 6159 words.
This chapter focuses on the means by which rhetorical modes of argument and analysis facilitate the articulation of the constitution of electoral speech law. Assuming that arguments do, in...
in The First Amendment and the Business Corporation
September 2014; p ublished online November 2014 .
Chapter. Subjects: Constitutional and Administrative Law; Company and Commercial Law. 11598 words.
Chapter 2 considers whether the business corporation can fairly be considered an association. It recounts the history of the corporation, from its ancient predecessors to its modern...
in Articles of Faith
January 2010; p ublished online October 2012 .
Chapter. Subjects: Constitutional and Administrative Law. 6446 words.
If the overall direction of India's court decisions on religion were to be assessed from 1951 to the present, some patterns are discernible. This has something to do with the personality of...
April 2006 .
Book. Subjects: Constitutional and Administrative Law; Law. 306 pages. 157205 words.
This book analyzes the minority rights legal regimes in India, China, Malaysia, and Singapore, and places the discussion in the context of a wider debate on human rights in Asia. It takes a...
in The Oxford Handbook of the Indian Constitution
March 2016; p ublished online February 2017 .
Article. Subjects: Constitutional and Administrative Law; Law and Politics. 9005 words.
This chapter examines the concept of constitutional identity as it applies to the Indian Constitution. It first considers the problem of constitutional identity, with particular emphasis on...
in Private Law and the Rule of Law
December 2014; p ublished online March 2015 .
Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 10283 words.
Many articulations of the rule of law cast it in terms of constraint. Similarly, many articulations of private law cast private law in terms of obligations that constrain what we are...
in Constitutions and the Classics
December 2014; p ublished online January 2015 .
Chapter. Subjects: History of Law; Constitutional and Administrative Law. 13565 words.
This chapter analyses the constitutional thought of John Adams as it responded to the political and social tumult of the Anglo-American imperial crisis of the1770s and then to the practical...
in The Structure of Pluralism
February 2014; p ublished online April 2014 .
Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 9242 words.
Since its emergence in the 1970s and 80s, social-scientific legal pluralism has been largely hostile to the legal positivist tradition, accusing it of centralism, formalism, autonomism, and...