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The Age of Development and Continuity, 12th–15th Centuries CE  

Marion Katz

Print publication date:
Nov 2018
Online publication date:
Oct 2015
This article examines the historical development and social and intellectual functioning of Islamic law in the twelfth through fifteenth centuries. In particular, it considers the ... More

Appellate Courts  

David Robertson

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Subject:
Law, Legal System
This article discusses academic work in relation to appellate courts. It concentrates on characterizing and explaining judicial decision-making and winning on an appeal. Furthermore, it ... More

Authority of the High Court of Australia  

Stephen Donaghue

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with ... More

Blackstone  

John V. Orth

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England ... More

‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition  

Tahirih V. Lee

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter begins with a brief overview of the foundations of the field of Chinese legal history. It then delves into questions of methodology and approach. Three such questions face the ... More

Citizenship  

Elisa Arcioni

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains ... More

Common Law  

William Gummow

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers the meaning of the term ‘common law’ and its application in the context of Australian federalism. It discusses some views on common law vis-à-vis the Constitution, ... More

Comparative Law and African Customary Law  

T. W. Bennett

Print publication date:
Mar 2019
Online publication date:
May 2019
Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for ... More

Comparative Law and its Influence on National Legal Systems  

Jan M. Smits

Print publication date:
Mar 2019
Online publication date:
May 2019
This article assesses the scholarly state of affairs regarding the influence of comparative law in national systems. In so doing, emphasis is put on private law and constitutional law, as ... More

Comparative Law and the Islamic (Middle Eastern) Legal Culture  

Chibli Mallatt

Print publication date:
Mar 2019
Online publication date:
May 2019
This article examines comparative law in Islamic/Middle Eastern legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section ... More

Comparative Law and the Study of Mixed Legal Systems  

Jacques Du Plessis

Print publication date:
Mar 2019
Online publication date:
May 2019
Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a ... More

Comparative Law in Central and Eastern Europe  

Zdeněk Kühn

Print publication date:
Mar 2019
Online publication date:
May 2019
The region of Central and Eastern Europe covers many of the European nations east of Germany. The dominant nation of the region is Russia. Between Russia and Germany there are, first, a ... More

Constitutionalism  

Jeffrey Goldsworthy and Lisa Burton Crawford

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explains how constitutionalism developed and how it currently operates in Australia. It first explains the historical developments whereby Australia combined elements of the ... More

The Court of Justice of the European Union  

Michal Bobek

Print publication date:
Jul 2015
Online publication date:
Mar 2015
The chapter introduces the Court of Justice of the EU by looking at five key elements defining the institution in a diachronic perspective: the structure of the Union courts located in ... More

The Democratic Ambiguity of EU Law Making and its Enemies  

Damian Chalmers

Print publication date:
Jul 2015
Online publication date:
Feb 2015
Analysis of EU law making is made difficult by the presence of multiple legislative procedures. Matters are further complicated by neither national nor postnational models of democracy ... More

Design  

Nicholas Aroney

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the design of Australia's federal system. Two historical propositions affirmed in the preamble to the Constitution are central to this conception. These are, firstly, ... More

Development of Comparative Law in France  

Bénédicte Fauvarque-Cosson

Print publication date:
Mar 2019
Online publication date:
May 2019
France has a long and solid tradition of comparative law. This article traces the discipline’s development in France, describing its strengths and weaknesses. As universal a science as it ... More

Development of Comparative Law in Germany, Switzerland, and Austria  

Ingeborg Schwenzer

Print publication date:
Mar 2019
Online publication date:
May 2019
This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on ... More

Development of Comparative Law in Great Britain  

John W. Cairns

Print publication date:
Mar 2019
Online publication date:
May 2019
Comparative law developed in Great Britain in the second half of the nineteenth century. The discipline focused mainly on imperial problems of foreign law and the assimilation of the laws ... More

Development of Comparative Law in Italy  

Elisabetta Grande

Print publication date:
Mar 2019
Online publication date:
May 2019
Since Italy’s unification in 1861, Italian law has mainly been a ‘context of reception’. In contrast to contexts of production, where legal scholarship tends to unfold in a self-centred ... More

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