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Access to Charter Justice  

Carissima Mathen

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter discusses how Canadian constitutional issues come before the courts. Its primary focus is on litigation arising under the Charter of Rights and Freedoms. Since the entrenchment ... 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

The Administrative and Regulatory State  

T. V. Somanathan

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter explores how India’s constitutional law has addressed the administrative and regulatory State as it has evolved outside the traditional branches of government, and how judicial ... More

Administrative Justice  

Simon Halliday and Colin Scott

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review ... 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

The Administrative State: Law, Democracy, and Knowledge  

Adrian Vermeule

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the administrative state in relation to modern constitutional theory. To explain the administrative state, it draws on three frameworks that are grounded in ... 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

Amending the Constitution of Canada  

Benoît Pelletier

Print publication date:
Oct 2017
Online publication date:
Nov 2017
In the past, Canadian constitutional reform has been marked by surprising successes and resounding failures. Indeed, the failures were such that constitutional amendment itself, along with ... 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

The Appellate Jurisdiction of the Caribbean Court of Justice  

Stephen Vasciannie

Print publication date:
Jul 2020
Online publication date:
Aug 2020
Various Caribbean countries have established the Caribbean Court of Justice, and have taken steps to ensure its viability. The Court has two jurisdictions. One of these—the Original ... More

Assembly and Association  

Menaka Guruswamy

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the relevant provisions of the Indian Constitution with respect to freedom of assembly and freedom of association. It begins with a historical background on 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

Australia in the International Order  

Hilary Charlesworth

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating ... More

Authoritarian Regimes  

Po Jen Yap

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter examines authoritarian regimes in relation to the configuration of political power/parties that is central to how autocracy is practised and sustained within the respective ... 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

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