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You are looking at 1-20 of 343 items for:

Public International Law x Constitutional and Administrative Law x clear all

A ‘Source-Based’ Approach to Procedural Reform

Devika Hovell.

in The Power of Process

January 2016; p ublished online March 2016 .

Chapter. Subjects: Public International Law; Constitutional and Administrative Law. 11235 words.

Chapter 3 examines the methodology underlying the development of due process principles in the reform debate so far. The two main approaches have been a ‘top-down’ approach, under which...

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A ‘Value-Based’ Approach

Devika Hovell.

in The Power of Process

January 2016; p ublished online March 2016 .

Chapter. Subjects: Public International Law; Constitutional and Administrative Law. 11911 words.

Chapter 4 examines the historical and theoretical foundations of due process. It draws on the keystone Anglo-American jurisprudence of natural justice, procedural fairness, and due process....

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A Few Rotten Apples’: A Review of Alleged Detainee Abuse by British Personnel in Iraq Following the Al Sweady Inquiry. Is There Still a Case to Answer?

Tim Wood.

in Journal of Conflict and Security Law

June 2016; p ublished online December 2015 .

Journal Article. Subjects: Military and Defence Law; Police and Security Services; Terrorism and National Security Law; Use of Force, War, Peace and Neutrality. 12360 words.

Despite two lengthy public inquiries there remains uncertainty and suspicion about the conduct of British personnel towards Iraqi detainees during Op TELIC. The Al Sweady Inquiry rebuked...

Accountability of Non-State Actors in Uganda for War Crimes and Human Rights Violations: Between Amnesty and the International Criminal Court

Manisuli Ssenyonjo.

in Journal of Conflict and Security Law

January 2005; p ublished online September 2005 .

Journal Article. Subjects: Military and Defence Law; Public International Law; Police and Security Services; Terrorism and National Security Law; Use of Force, War, Peace and Neutrality. 14072 words.

The armed conflict in northern Uganda, between the Lord’s Resistance Army (LRA) rebels and the Ugandan government, is one of Africa’s longest running armed conflicts not...

Accounting for Difference in Treaty Interpretation Over Time

Julian Arato.

in Interpretation in International Law

February 2015; p ublished online April 2015 .

Chapter. Subjects: Public International Law; Constitutional and Administrative Law. 12199 words.

The law of treaty interpretation aspires to unity. All treaties are formally subject to the same rules of interpretation, codified in the Vienna Convention. Yet time and again we hear that...

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Administrative Due Process

Giacinto della Cananea.

in Due Process of Law Beyond the State

September 2016; p ublished online November 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 8139 words.

This chapter identifies the administrative due process of law from a conceptual point of view. It places due process in the context of concepts that are used by administrators, judges, and...

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Administrative Due Process as a General Principle of Public Law

Giacinto della Cananea.

in Due Process of Law Beyond the State

September 2016; p ublished online November 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 12803 words.

This chapter argues that the administrative due process must be viewed as a general principle of law. It first points out the importance of general principles in the national and...

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Administrative Due Process as a Global Principle of Public Law

Giacinto della Cananea.

in Due Process of Law Beyond the State

September 2016; p ublished online November 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 14959 words.

This chapter argues that the administrative due process of law is—de lege lata, not de lege ferenda—a ‘global’ principle of law; that is, a principle that public administrators must abide...

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Administrative Justice

Giacinto della Cananea.

in Due Process of Law Beyond the State

September 2016; p ublished online November 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 7663 words.

This chapter lays out the thematic scope of the book, highlighting in particular the old and new transnational contexts that govern the discussion in later chapters. Since the focus is on...

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Administrative Litigation and the Rule of Law in Israel and the United States: A Comment on Lawyering for the Rule of Law

Edward L. Rubin.

in Jerusalem Review of Legal Studies

June 2015; p ublished online April 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 7691 words.

The American Law Institute and the Restatement of Foreign Relations Law

David L. Sloss.

in The Death of Treaty Supremacy

November 2016; p ublished online September 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 12255 words.

The American Law Institute published the Restatement of Foreign Relations Law in 1965. The Restatement endorsed an optional treaty supremacy rule: a treaty is not supreme over state law...

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Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions of Western Secularism in the “Jurisprudence of Muslim Minorities” (Fiqh Al-Aqalliyyat)1 Discourse

Andrew F. March.

in Constitutional Secularism in an Age of Religious Revival

January 2014; p ublished online April 2014 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 16141 words.

It is a basic aspect of the liberal justification of secularism qua state religious neutrality as the most appropriate constitutional framework for a complex, morally diverse society that...

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Argentina

Ana Laura Aiello.

in The UN Convention on the Rights of Persons with Disabilities in Practice

May 2018; p ublished online July 2018 .

Chapter. Subjects: Public International Law; Constitutional and Administrative Law. 17277 words.

Argentina is a monist state. The Convention on the Rights of Persons with Disabilities (CRPD) has been part of its domestic law since 2008, and has constitutional status. This chapter...

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Arguing about the Normativity of Jurisprudence: Comments on Andrei Marmor's Philosophy of Law

Jeremy Waldron.

in Jerusalem Review of Legal Studies

December 2014; p ublished online July 2014 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 5862 words.

Armed Conflict

Evan J. Criddle and Evan Fox-Decent.

in Fiduciaries of Humanity

October 2016; p ublished online August 2016 .

Chapter. Subjects: Public International Law; Constitutional and Administrative Law. 24105 words.

This chapter addresses states’ legal obligations to their people and foreign nationals during armed conflict. It develops two arguments. First, it argues that the fiduciary theory of...

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The Arms Trade Treaty: Pursuit for the Effective Control of Arms Transfer

Yasuhito Fukui.

in Journal of Conflict and Security Law

July 2015; p ublished online April 2015 .

Journal Article. Subjects: Military and Defence Law; Public International Law; Police and Security Services; Terrorism and National Security Law; Use of Force, War, Peace and Neutrality. 9846 words.

The General Assembly of the United Nations (UNGA) adopted the Arms Trade Treaty (ATT) on 2 April 2013, which entered into force on 24 December 2014. The process towards the adoption of the...

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Associative Democracy and the Corporatist Temptation

Víctor M Muñiz-Fraticelli.

in The Structure of Pluralism

February 2014; p ublished online April 2014 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 7737 words.

An especially promising development for the political pluralist tradition is the recent emergence of associative democracy as an alternative to individualist market provision of social...

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Attacks by Private Actors and the Right of Self-Defence

Tom Ruys and Sten Verhoeven.

in Journal of Conflict and Security Law

January 2005; p ublished online September 2005 .

Journal Article. Subjects: Military and Defence Law; Public International Law; Police and Security Services; Terrorism and National Security Law; Use of Force, War, Peace and Neutrality. 15789 words.

Over the past decade, as threats to international peace and security have undergone important shifts, the legality of self-defence against attacks by nonstate actors directed ...

Audi Alteram Partem

Giacinto della Cananea.

in Due Process of Law Beyond the State

September 2016; p ublished online November 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Public International Law. 12945 words.

This chapter looks at the traditional legal maxim, audi alteram partem, from the same angle used earlier with regard to the requirement to carry out a procedure. It then follows with an...

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Australia

Lisa Waddington.

in The UN Convention on the Rights of Persons with Disabilities in Practice

May 2018; p ublished online July 2018 .

Chapter. Subjects: Public International Law; Constitutional and Administrative Law. 20108 words.

Given the dualist nature of the Australian legal system, the potential for the Convention on the Rights of Persons with Disabilities (CRPD) to impact on case law is seemingly limited....

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