Oxford Index Search Results

You are looking at 1-20 of 300 items for:

decision-making x Law x Constitutional and Administrative Law x clear all

Amici Curiae and Judicial Decision Making

Paul M Collins.

in Friends of the Supreme Court

September 2008; p ublished online January 2009 .

Chapter. Subjects: Constitutional and Administrative Law. 15938 words.

This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court....

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Political Deliberation and Collective Decision-making

Conrado Hübner Mendes.

in Constitutional Courts and Deliberative Democracy

December 2013; p ublished online April 2014 .

Chapter. Subjects: Constitutional and Administrative Law. 20006 words.

This chapter locates the general discussion about the ideal of political deliberation as a way of collective decision-making within the contemporary literature. It covers the conceptual...

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On Prosecution, Legal Decision-Making, and Law

Keith Hawkins.

in Law as Last Resort

January 2003; p ublished online January 2010 .

Chapter. Subjects: Constitutional and Administrative Law. 12534 words.

This chapter reflects upon the character of legal control. Prosecution is a symbolic act, expressing conceptions of moral order, which carries meanings beyond any instrumental purpose to be...

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Closing the Jaws of the Decision Making Vise

Pamela C. Corley.

in The Puzzle of Unanimity

May 2013; p ublished online September 2013 .

Chapter. Subjects: Constitutional and Administrative Law. 18860 words.

This chapter presents the authors’ theory of consensus and explicates how they propose to measure the central concepts that comprise their model. They argue that the key to understanding...

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Decision-Making Environments

Keith Hawkins.

in Law as Last Resort

January 2003; p ublished online January 2010 .

Chapter. Subjects: Constitutional and Administrative Law. 10425 words.

The surround is the environment of the agency and its inspectors, in which both predictable and unexpected events occur. It has political, economic, and social facets. There may be...

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American ideas abroad: Comparative implications of US Supreme Court decision-making models

Theunis Roux.

in International Journal of Constitutional Law

January 2015; p ublished online May 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 15448 words.

The purpose of this article is to use the conceptual logic underpinning the three main models of US Supreme Court decision-making to construct a comparative typology of constitutional...

Yes, Minister: The Impact of Decision-making Rules on Geographically Targeted Particularistic Spending

Jane Suiter and Eoin O'Malley.

in Parliamentary Affairs

October 2014; p ublished online April 2013 .

Journal Article. Subjects: Parliamentary and Legislative Practice; Political Institutions; UK Politics. 7476 words.

This article tests a theory to explain particularistic political spending not normally used on parliamentary systems. Using constituency-level data, we evaluate the merits of theories...

Referendums and Constitutional Decision‐Making

Stephen Tierney.

in Constitutional Referendums

April 2012; p ublished online September 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 11645 words.

This chapter is concerned with the end of the macro stage — the referendum vote itself and its aftermath. The build-up to the referendum may engage the public, citizens may be involved in...

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The Epistemology of Judicial Decision Making

George C. Christie.

in Philosopher Kings?

January 2011; p ublished online May 2011 .

Chapter. Subjects: Constitutional and Administrative Law. 5801 words.

This chapter addresses the following questions: What is the law (particularly the law of human rights), how is it known, and how can that knowledge of the content or meaning of the law be...

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Comparative reasoning and the making of a common constitutional law: EU-related decisions of national constitutional courts in a transnational perspective

Mattias Wendel.

in International Journal of Constitutional Law

October 2013; p ublished online December 2013 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 11431 words.

This contribution argues that recent EU-related decisions of national constitutional courts demonstrate a new quality of comparative legal reasoning. While classic EU-related case law at...

Balancing Decision-making amongst Courts and Legislatures

Chintan Chandrachud.

in Balanced Constitutionalism

February 2017; p ublished online March 2017 .

Chapter. Subjects: Constitutional and Administrative Law. 10492 words.

This chapter sets out the theoretical framework within which the constitutional practices of the two jurisdictions analysed—India and the UK—are examined. It has three aims. First, it...

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Political Deliberation and Legal Decision-making

Conrado Hübner Mendes.

in Constitutional Courts and Deliberative Democracy

December 2013; p ublished online April 2014 .

Chapter. Subjects: Constitutional and Administrative Law. 9046 words.

This chapter examines how deliberation might relate to law conceptually, by way of legal reasoning, and institutionally, by way of collegiate adjudication. It argues that law is inherently...

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Democracy and collective decision making

Samuel Issacharoff.

in International Journal of Constitutional Law

April 2008; p ublished online March 2008 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 16818 words.

Around the world, traditional barriers to judicial engagement with the structure of democratic politics have fallen remarkably as courts increasingly entertain first-order questions about...

Administrative Law as Solicitude—Reasonable Decision-Making

Evan Fox-Decent.

in Sovereignty's Promise

December 2011; p ublished online January 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 15483 words.

In this chapter I claim that the fiduciary model answers a difficult question that arises in hard cases of administrative law in which an individual is subject to a drastic exercise of...

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The Duty to Give Reasons: The Openness of Decision-Making

Sir Patrick Neill.

in The Golden Metwand and the Crooked Cord

February 1998; p ublished online March 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 11524 words.

This chapter argues that, as a matter of principle, it is desirable that courts should approach the question of reasons from the standpoint that the interests of fairness will very...

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The Unsuccessful Attempt to Find a Philosophical “North Star” to Aid in Judicial Decision Making

George C. Christie.

in Philosopher Kings?

January 2011; p ublished online May 2011 .

Chapter. Subjects: Constitutional and Administrative Law. 8184 words.

The prospect that conflicts between fundamental human rights of supposedly equal value may have to be decided by a diverse body of judges, each of whom may have his or her own vision of the...

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“Raise the flag and let it talk”: On the use of external norms in constitutional decision making

Diane Marie Amann.

in International Journal of Constitutional Law

October 2004; p ublished online October 2004 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 0 words.

Landmark judgments in 2003 prompted comments that the U.S. Supreme Court had abandoned a tradition of insularity in favor of allowing external norms to inform its internal constitutional...

Making Rules

Julia Black.

in Rules and Regulators

May 1997; p ublished online March 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 15863 words.

This chapter examines how rules have been used in financial services regulation and their implied nature of limitations and trade-offs required in rule formation, and seeks to gain a deeper...

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Impartiality and independence

Timothy Endicott.

in Administrative Law

April 2015; p ublished online June 2015 .

Chapter. Subjects: Constitutional and Administrative Law. 16454 words.

This chapter examines impartiality and independence in public administration. Topics discussed include judicial bias; administrative bias; waiver; determining civil rights; compound...

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Rehousing Homeless Persons

IAN LOVELAND.

in Housing Homeless Persons

March 1995; p ublished online March 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 9162 words.

This chapter argues that the issue of local housing supply can be a crucial determinant of both the conduct and content of Part III decision-making. At the most basic level it is evident...

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