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Co-Operative Federalism  

Robert French

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter studies the term ‘co-operative federalism’ and the part it plays in the working of Australia's constitutional arrangements. Co-operative federalism, as practised in Australia, ... More

Constitutional Identity  

Gary Jeffrey Jacobsohn

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the concept of constitutional identity as it applies to the Indian Constitution. It first considers the problem of constitutional identity, with particular emphasis ... More

The Constitutional Politics of Congress  

Neal Devins

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the constitutional politics of Congress, with particular emphasis on the ways constitutional values are shaped by congressional interpretations of the Constitution. ... More

The Constitutional Politics of the Executive Branch  

Mariah Zeisberg

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the constitutional politics of the executive branch in the United States. It first reviews some important concepts in the study of constitutional politics involving ... More

The Constitutional Politics of the Judiciary  

Justin Crowe

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the constitutional politics of the judiciary, with particular emphasis on judicial structure, judicial personnel, and judicial power. It first considers the ... More

Constitutionalism Outside the Courts  

Ernest A. Young

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter focuses on constitutional interpretation and enforcement by extrajudicial institutions. It explores the critique of judicial supremacy by departmentalists such as Walter ... More

Democracy  

Günter Frankenberg

Print publication date:
May 2012
Online publication date:
Nov 2012
Democracy has oscillated between individualist, collectivist, and organicist notions since the revolutionary era. Similarly, throughout history, democratic movements have agonized over ... More

Executives  

Terence Daintith and Yee-Fui Ng

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter discusses the executive branch in Australia. It demonstrates the relationship between the explicit terms of the Australian Constitution and the way the Executive is actually ... More

Is Constitutional Law Really Law?  

David A. Strauss

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter asks whether U.S. constitutional law is really law or is instead, as some skeptics say, just a disguised form of politics. The skeptics argue, among other things, that the ... More

Militant Democracy  

Jan-Werner Müller

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins by briefly reconstructing the intellectual history of militant democracy, starting with Loewenstein's work and moving on to the ways in which the doctrine of militant ... More

The Passage Towards Economic Union in Australia’s Federation  

Justin Gleeson

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explores the progress over the last 116 years in the adoption of the Australian Constitution towards the (unfinished) goal of achieving the fullest possible economic union. It ... More

Political Institutions in Canada in a New Era  

Lori Turnbull

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines the meaning and significance of the parliamentary reform package introduced by Prime Minister Justin Trudeau’s government in 2015. The proposed measures address ... More

Political Participation  

Joo-Cheong Tham

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter deals with electoral participation in Australia. It charts the evolution of constitutional law in relation to electoral participation through a focus on the power of the ... More

Political Parties and the Constitution  

Cindy Skach

Print publication date:
May 2012
Online publication date:
Nov 2012
Political parties and party system dynamics are critical to understanding how constitutions work, and why they may not, in spite of well-intentioned designs. Unfortunately, much of the ... More

The Politics of Constitutional Law: A Critical Approach  

Allan Hutchinson

Print publication date:
Oct 2017
Online publication date:
Nov 2017
After almost 25 years of jurisprudence under the Canadian Charter of Rights and Freedoms, many of the fears expressed by critics of the Charter have come to pass—judicial review under the ... More

Power  

Mark Leeming

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explains and illustrates why the Australian Constitution is mostly concerned with power, and public power in particular. ‘Public power’ here refers to the powers conferred by ... More

The Separation of Judicial Power  

Michelle Foster

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter discusses the separation of judicial power principle in Australia. First, it considers the history of the principle and whether it was intended or assumed by the ... More

Separation of Legislative and Executive Power  

Cheryl Saunders

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines questions about the scope of legislative or executive power and the relationship between them primarily through the lens of the separation of powers in Australia. ... More

The Uneasy Place of Parties in the Constitutional Order  

Russell Muirhead and Nancy L. Rosenblum

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the ambiguous standing of political parties in the U.S. Constitution. Certain kinds of political parties are not a good fit with the U.S. constitutional order —in ... More

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