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Analyzing Constitutions  

Peter M. Shane

Print publication date:
Jun 2008
Online publication date:
Sep 2009
This article looks at constitutions. The status and function of constitutions are discussed in the first section of the chapter. It then discusses implementing key founding bargains and ... More

Comparative Constitutions  

Josep M. Colomer

Print publication date:
Jun 2008
Online publication date:
Sep 2009
This article studies comparative constitutions. It begins with a look at the origins and evolution of constitutional models. The next section concentrates on the constitutional regime ... More

Comparative Federalism and the Role of the Judiciary  

Daniel Halberstam

Print publication date:
Aug 2008
Online publication date:
Sep 2009
The distinctive feature of federalism is to locate the central and constituent governments' respective claims of organizational autonomy and jurisdictional authority within a set of ... More

Comparative Judicial Politics  

John Ferejohn, Frances Rosenbluth, and Charles R. Shipan

Print publication date:
Jul 2009
Online publication date:
Sep 2009
This article studies comparative judicial politics, and presents a systematic definition of judicial independence. It presents theoretical explanations — positive and normative — for ... More

Complementarity as a Catalyst for Gender Justice in National Prosecutions  

Amrita Kapur

Print publication date:
Feb 2018
Online publication date:
Dec 2017
This chapter explores the opportunities present in the Rome Statute to promote justice for victims of sexual and gender-based violence in the International Criminal Court (ICC). It focuses ... More

Constitution  

Peter H. Russell

Print publication date:
Apr 2010
Online publication date:
Sep 2010
Canada is one of the oldest constitutional democracies in the world. Its founding Constitution, the British North America Act (BNA Act) was enacted by the British Parliament in 1867. While ... More

Constitutionalism  

Russell Hardin

Print publication date:
Jun 2008
Online publication date:
Sep 2009
This article discusses constitutionalism, particularly the two main schools of constitutional theorizing: coordination theories and contractarian theories. It then tries to determine what ... More

Constitutions As Expressive Documents  

Geoffrey Brennan and Alan Hamlin

Print publication date:
Jun 2008
Online publication date:
Sep 2009
This article looks at constitutions as expressive documents. Two concepts are the main focus of this article: the constitution and the notion of expressiveness. The article tries to ... More

Courts  

James B. Kelly and Christopher P. Manfredi

Print publication date:
Apr 2010
Online publication date:
Sep 2010
The judiciary plays a prominent role in the maintenance and development of the Canadian constitutional system. Apart from maintaining the rule of law and the administration of justice, the ... More

Electoral System Design in New Democracies  

John M. Carey

Print publication date:
Jun 2018
Online publication date:
May 2017
Elections in the wake of dramatic transitions from authoritarian regimes to democracy may confront voters with choices that are unattractive or bewildering, or both. This chapter examines ... More

The Global Politics of Healthcare Reform  

Solomon Benatar, David Sanders, and Stephen Gill

This chapter analyses the political influences that shaped reform of healthcare service provision and financing during four decades of neoliberal capitalist dominance, with its emphasis on ... More

Intellectual Property Rights and the Politics of Food  

Krishna Ravi Srinivas

Print publication date:
Jan 2015
Online publication date:
Oct 2014
The legal status of plant genetic resources has been subject to numerous international agreements and laws over the centuries. The “common heritage of mankind” approach enabled free access ... More

International Legal Order  

Heike Krieger

Print publication date:
Mar 2018
Online publication date:
Apr 2018
The phenomenon of governance in areas of limited statehood has had a particularly strong impact on the development of international law after 1990. If—on a large scale—states lack the ... More

The Judicialization of Politics  

Ran Hirschl

Print publication date:
Aug 2008
Online publication date:
Sep 2009
The judicialization of politics—the reliance on courts and judicial means for addressing core moral predicaments, public policy questions, and political controversies—is arguably one of ... More

LawMaking  

Sebastian M. Saiegh

Print publication date:
Jun 2014
Online publication date:
Sep 2014
This chapter examines the lawmaking process in democratic countries, focusing on how the government and cross-pressured legislators interact with each other. It considers how the ... More

Repression: The Governance of Domestic Dissent  

Abby Peterson and Mattias Wahlström

Print publication date:
Nov 2015
Online publication date:
Aug 2014
Social movement protest and repression are inextricably joined. In this chapter we make a case for conceptualizing repression as the governance of domestic dissent. Repression or policing ... More

The Rule of Law and Courts in Democratizing Regimes  

Rebecca Bill Chavez

Print publication date:
Aug 2008
Online publication date:
Sep 2009
The rule of law is a broad concept that encompasses many areas including judicial autonomy, access to justice, human rights, and property rights. It entails the equality of all citizens ... More

The Silences in the Rules That Regulate Women during Times of Armed Conflict  

Judith Gardam

Print publication date:
Feb 2018
Online publication date:
Dec 2017
This chapter describes the history of the law of armed conflict and its relevance to women. The law of armed conflict has not been heavily scrutinized by feminists but its provisions offer ... More

The State and Gender Equality: From Patriarchal to Women-Friendly State?  

Julia S. O'Connor

Print publication date:
Jun 2015
Online publication date:
Nov 2014
This chapter utilizes labor market change, in particular the objective of increasing female labor market participation and change in gender-equality decision-making machinery, to provide ... More

War Crimes Tribunals  

Gary J. Bass

Print publication date:
Aug 2008
Online publication date:
Sep 2009
This article reviews the state of the field in three crucial issues about war crimes tribunals: victors' justice, outlawing war, and the trade-off between peace and justice. In all three, ... More

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