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Abandoning the Nationalist Framework: Comparative Legal History  

Kjell Å Modéer

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to ... More

Affirmative Action  

Daniel Sabbagh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively ... More

al-Qadi  

Mohammad Fadel

Print publication date:
Nov 2018
Online publication date:
Oct 2016
The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the ... More

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)  

Ulrich K. Preuß

Print publication date:
May 2012
Online publication date:
Nov 2012
Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of ... More

Asymmetric Federalism  

Louise Tillin

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments ... More

B. Comparative Constitutional Analysis in United States Adjudication and Scholarship  

Michel Rosenfeld

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents an analysis of comparative constitutional law. This study deals with United States adjudication and scholarship. It discusses the current American controversy over citations to ... More

Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life  

Judit Sándor

Print publication date:
May 2012
Online publication date:
Nov 2012
This article explores the connections between bioethics and basic rights partly by analyzing the basic legal norms of bioethics, and partly by comparing thematic cases from the ... More

Brazilian Climate Change Law  

Karen Alvarenga Oliveira

Print publication date:
Mar 2016
Online publication date:
Nov 2016
This chapter examines the climate change policy of Brazil. In 2010 at the Sixteenth Conference of Parties in Cancún, Brazil announced its voluntary national target of significantly ... More

Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism  

Peer Zumbansen

Print publication date:
May 2012
Online publication date:
Nov 2012
This article outlines and assesses the role of ‘typologies’ in comparative constitutional thought. It discusses the transnational context of comparative constitutionalism, ... More

Citizenship  

Ayelet Shachar

Print publication date:
May 2012
Online publication date:
Nov 2012
This article highlights the trials and tribulations of citizenship in a world of increasing mobility and diversity. The discussion is divided into three parts. Section I provides a concise ... More

Claiming Behavior as Legal Mobilization  

Herbert M. Kritzer

Print publication date:
Nov 2010
Online publication date:
Sep 2012
This article analyzes the concept of the legal mobilization of laws and institutions for the redressal of “justiciable” problems—problems for which a remedy can potentially be obtained ... More

Climate Change Law and Policy in India  

Deepa Badrinarayana

Print publication date:
Mar 2016
Online publication date:
Nov 2016
This chapter discusses India’s role in international climate law and its domestic law on climate change, and demonstrates the limits of its legal position in addressing climate-related ... More

Climate Change Law and Policy in the European Union  

Sanja Bogojević

Print publication date:
Mar 2016
Online publication date:
Nov 2016
This chapter is concerned with EU’s climate change law and its impact on climate change action at a global level. It investigates whether the international climate change regime ‘tightens’ ... More

Collective Actions  

Christopher Hodges

Print publication date:
Nov 2010
Online publication date:
Sep 2012
This article examines the phenomenon of collective or aggregate civil litigation, manifested in different forms as a class action, representative action, or group action. Different ... More

Comparative Administrative Law  

John S. Bell

Print publication date:
Nov 2006
Online publication date:
Sep 2012
Comparative administrative law is a long-standing discipline. The study of other administrative law systems both in order to understand one's own system better and to find models for ... More

Comparative Antitrust Law  

David J. Gerber

Print publication date:
Nov 2006
Online publication date:
Sep 2012
This article examines comparative competition law. It looks first at the current state of the literature. It envisions a path for comparative antitrust law scholarship that may allow it to ... More

Comparative Civil Procedure  

Joachim Zekoll

Print publication date:
Nov 2006
Online publication date:
Sep 2012
Procedural law, and civil procedure in particular, was long neglected by comparative scholars. Perceived as painstaking, ministerial, and ultimately boring, the subject was dreaded by ... More

Comparative Company Law  

Klaus J. Hopt

Print publication date:
Nov 2006
Online publication date:
Sep 2012
Comparative company law is at once very old and very modern. It is very old because ever since companies and company laws first existed, trade has not stopped at the frontiers of countries ... More

Comparative Constitutional Law  

Stephen Gageler and Will Bateman

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter points out the orthodoxy in Australia of consulting foreign law as an ordinary part of the interpretation and application of ‘constitutional provisions with a common genetic ... More

Comparative Constitutional Law  

Mark Tushnet

Print publication date:
Nov 2006
Online publication date:
Sep 2012
This article examines the evolution of the field of comparative constitutional law and its relationship to politics and international rights; constitutionalism; constitutional foundings ... More

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