Oxford Index Search Results

You are looking at 1-20 of 109 items for:

decision-making x Law x Politics x clear all

Consistency in Refugee Decision-Making: A Judicial Perspective

Hugo Storey.

in Refugee Survey Quarterly

December 2013; p ublished online October 2013 .

Journal Article. Subjects: Refugee Studies; Human Rights and Immigration; International Relations; Human Geography; Aid and Relief Programmes. 6631 words.

This article examines the extent to which progress has been made towards achieving greater consistency in refugee law decision-making. It is pointed out that consistency is not necessarily...

Go to »  abstract

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...

More than Just a Different Face? Judicial Diversity and Decision-making

Rosemary Hunter.

in Current Legal Problems

January 2015; p ublished online April 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 9981 words.

This article addresses a key question in debates around judicial diversity: what evidence is there that a more diverse judiciary will make a difference to substantive decision-making? The...

Go to »  full text: open access

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...

Go to »  full text

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...

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...

The Complexity of Determining Refugeehood: A Multidisciplinary Analysis of the Decision‐making Process of the Canadian Immigration and Refugee Board

Cécile Rousseau, François Crépeau, Patricia Foxen and France Houle.

in Journal of Refugee Studies

March 2002; p ublished online March 2002 .

Journal Article. Subjects: Human Rights and Immigration; Human Geography; International Relations; Aid and Relief Programmes; Refugee Studies. 0 words.

Refugee determination is one of the most complex adjudication functions in industrialized societies. In Canada, despite a relatively broad recognition rate and a teleological interpretation...

Go to »  full text   » abstract

“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...

Decision Making and Adjustment among Soviet-Jewish ÉmigrÉs in a Middle-sized Urban Area

ROBERT C. WILLIAMSON.

in Journal of Refugee Studies

December 1996 .

Journal Article. Subjects: Human Rights and Immigration; Human Geography; International Relations; Aid and Relief Programmes; Refugee Studies. 0 words.

Since the 1970s Soviet-Jewish refugees have increasingly chosen the US over Israel. Most of the earlier migrants settled in large cities, where the émigrés and the Jewish community both...

Go to »  full text   » abstract

Council of Ministers

Overview page. Subjects: Politics — Law.

The Council of the European Union which directly represents the Member Governments, and is the principal decision‐making body that acts on proposals from the European Commission.

See overview in Oxford Index

The World Trade Organization: Multiple dimensions of Global Administrative Law

Richard B. Stewart and Michelle Ratton Sanchez Badin.

in International Journal of Constitutional Law

October 2011; p ublished online October 2011 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 15566 words.

This article examines the WTO development of Global Administrative Law (GAL) norms of transparency, participation, reason giving and review. Vertically, the WTO has significantly improved...

Rule of law and participation: A normative analysis of internationalized rulemaking as composite procedures

Joana Mendes.

in International Journal of Constitutional Law

April 2014; p ublished online August 2014 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 17283 words.

Procedural standards of participation have the capacity to structure and constrain the exercise of authority. Focusing on the way decisions are formed, this article argues that the...

The procedural side of legal globalization: The case of the World Heritage Convention

Stefano Battini.

in International Journal of Constitutional Law

April 2011; p ublished online April 2011 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 14583 words.

The conceptual premise of global administrative law (GAL) is that, in order to cope with globalization, the right of states to regulate has been increasingly entrusted to global...

The normative dimensions and performance of global administrative law

Richard B. Stewart.

in International Journal of Constitutional Law

April 2015; p ublished online July 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 3149 words.

Global administrative law (GAL) scholarship largely follows a positivist approach. A priority is systematic work, both theoretical and applied, on the normative foundations and performance...

Go to »  abstract

The Conseil Constitutionnel confronted with comparative law and the theory of constitutional justice (or Louis Favoreu's untenable paradoxes)

Dominique Rousseau.

in International Journal of Constitutional Law

January 2007; p ublished online January 2007 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 7521 words.

Louis Favoreu's scholarship has been enormously influential in the modern understandings of the nature of France's Conseil Constitutionnel. His prescriptive concept of the Conseil as a...

Adjudicating social welfare rights in Hong Kong

Karen Kong.

in International Journal of Constitutional Law

March 2012; p ublished online March 2012 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 5956 words.

Since the inception of the Basic Law of the Hong Kong Special Administrative Region in 1997, the Hong Kong courts have not been short of opportunities to tackle difficult issues concerning...

The German Constitutional Court and legislative capture

Niels Petersen.

in International Journal of Constitutional Law

July 2014; p ublished online November 2014 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 10222 words.

Political decision-making is often influenced through the lobbying of strong interest groups. This is not per se a problem for democracy. It becomes a problem if political...

Principle and pragmatism on the Constitutional Court of South Africa

Theunis Roux.

in International Journal of Constitutional Law

January 2009; p ublished online November 2008 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 15816 words.

Though lacking in public support, the Constitutional Court of South Africa (CCSA) today finds itself in a position of relative institutional security. At the same time, it has built up an...

The harms of remedial discretion

Robert Leckey.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 12948 words.

This article raises a dissenting voice against the widespread scholarly view that discretion in remedying legislative infringement of rights can be dialogic, gentle, and cooperative. It...

Concentric democracy: Resolving the incoherence in the European Court of Human Rights’ case law on freedom of expression and freedom of association

Stefan Sottiaux and Stefan Rummens.

in International Journal of Constitutional Law

January 2012; p ublished online January 2012 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 10840 words.

This article analyzes the democratic function of the freedoms of expression and of association and its implications for the relationship between both rights. We start out from the...