Oxford Index Search Results

You are looking at 1-20 of 43 items for:

decision-making x Law x UK Politics x clear all

Refine by type

Refine by product

 

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...

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...

“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...

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 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...

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...

The democratic legitimacy of judicial review beyond the state: Normative subsidiarity and judicial standards of review

Andreas von Staden.

in International Journal of Constitutional Law

October 2012; p ublished online October 2012 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 14259 words.

Judicial review of the acts of national governments by courts beyond the state raises the question of the democratic legitimacy of such review. In this article, I outline a position that...

German administrative procedure in a comparative perspective: Observations on the path to a transnational ius commune proceduralis in administrative law

Hermann Pünder.

in International Journal of Constitutional Law

October 2013; p ublished online December 2013 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 12667 words.

According to the traditional comparative scholarship, Germany has a tendency to underestimate the importance of the administrative decision-making process while the US takes the procedure...

Delimiting the proper bounds of the “New Legal Realism”

Stephen Nayak-Young.

in International Journal of Constitutional Law

October 2014; p ublished online January 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 14080 words.

“New Legal Realism” is a thriving and productive interdisciplinary movement in academic legal theory and analysis. It often involves attempts to explain or predict judicial decision-making...

Judicialization of politics: The post-Soviet way

Armen Mazmanyan.

in International Journal of Constitutional Law

January 2015; p ublished online May 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 9324 words.

This article analyzes cases of higher court involvement in “pure politics” in post-Soviet countries. The main purpose of this endeavor is twofold. First, the work contributes evidence from...

Reframing a debate among Americans: Contextualizing a moral philosophy of law

Olivier Beaud.

in International Journal of Constitutional Law

January 2009; p ublished online January 2009 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 7425 words.

Weighing in on the American debate that may be described as “Waldron versus Dworkin,” this essay challenges the assumption that law and morality are inevitably intertwined. Neither this...

Deciding not to decide: Deferral in constitutional design

Rosalind Dixon and Tom Ginsburg.

in International Journal of Constitutional Law

October 2011; p ublished online October 2011 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 16889 words.

In designing constitutions, constitutional drafters often face constraints that cause them to leave things “undecided”—or to defer decision-making on certain constitutional issues to the...

Constituent power and Carl Schmitt’s theory of constitution in Kenya’s constitution-making process

Richard Stacey.

in International Journal of Constitutional Law

October 2011; p ublished online October 2011 .

Journal Article. Subjects: Constitutional and Administrative Law; UK Politics. 13742 words.

The decade-long constitutional reform process in Kenya spans two phases. The first ended with a High Court decision that the constitution-making process was unconstitutional because it...