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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

Accountability  

Athanasios Psygkas

Print publication date:
Dec 2020
Online publication date:
Dec 2020
Key debates in administrative law often play out within the contours of ‘accountability’. This chapter suggests that the concept of accountability is normatively and analytically useful in ... More

Adjudication Systems  

Emma Lees

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines the role of adjudication systems in handling environmental disputes. It first considers the role of the judiciary in relation to the environment and its place within ... More

Administrative Law and Democracy  

Susan Rose-Ackerman

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on important debates at the intersection of regulatory law, constitutional structure, technical competence, and public participation. It concentrates on the ... More

Administrative Law Beyond the State: The Influence of International and Supranational Organizations  

Giacinto della Cananea

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on the changing relationship between administrative law and the nation-state. The starting point is, simply, that the nation-state now operates in an increasingly ... More

Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom  

Laura A. Dickinson

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on the case of extraterritorial military detention by the US and the UK—two countries that quickly deployed and then repeatedly refined their detention policies during ... More

Administrative Power  

Sarah Biddulph

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter compares the respective roles of administrative institutions and administrative power on the one hand, and other governmental institutions and powers on the other, in dealing ... More

Administrative Procedure  

Javier Barnes

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter concerns administrative procedure—the rules governing the process of decision-making. ‘Administrative procedure’ ultimately refers to a how governmental organizations actually ... 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

An Anglo-American Tradition  

Peter Cane

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter explores the idea of a ‘tradition’ of comparative administrative law (CAL) in the trans-Atlantic Anglosphere. It first deals with a period from the early eighteenth to the late ... More

An Anthropological Perspective on Legal Pluralism  

Sally Engle Merry

Print publication date:
Sep 2020
Online publication date:
Oct 2020
The concept of legal pluralism has proved enormously fruitful in challenging ideas about the centrality of state law and increasing awareness of the diversity of ways that individuals ... More

Anthropological Roots of Global Legal Pluralism  

Keebet von Benda-Beckmann and Bertram Turner

Print publication date:
Sep 2020
Online publication date:
Oct 2020
Since the turn of the century, the term “legal pluralism” has seen a remarkable rise in interest. It is now widely accepted, although it was long rejected in legal studies. When legal ... More

The Application of International Law by the Court of Justice of the European Union  

Mario Mendez

Print publication date:
Jun 2019
Online publication date:
Jun 2019
This chapter assesses three key strands in the case law of the Court of Justice of the European Union concerning a central dimension of foreign relations law, namely, the application of ... More

The Application of Non-State-Based Standards in International Arbitration  

Shahla Ali

Print publication date:
Sep 2020
Online publication date:
Oct 2020
The inevitable interaction of legal and quasi-legal systems and norms across territorial borders not only impacts individuals as members of multiple communities (both territorial and ... More

The Assessment of Environmental Impact  

Neil Craik

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines the role of environmental assessment (EA) in mediating between the scientific, political, and normative elements within environmental decision-making. It first ... 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

Atmospheric Pollution  

Massimiliano Montini

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines atmospheric pollution legislation from a comparative perspective. It begins with a discussion of the definition and legal boundaries relevant to atmospheric pollution, ... More

Australia  

Douglas Fisher

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia, ... More

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