Access to Charter Justice
Carissima Mathen
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 ...
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Accountability
Athanasios Psygkas
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 ...
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The Administrative and Regulatory State
T. V. Somanathan
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 ...
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Administrative Justice
Simon Halliday and Colin Scott
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 ...
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Administrative Law and Democracy
Susan Rose-Ackerman
This chapter focuses on important debates at the intersection of regulatory law, constitutional structure, technical competence, and public participation. It concentrates on the ...
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Administrative Law Beyond the State: The Influence of International and Supranational Organizations
Giacinto della Cananea
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 ...
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Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom
Laura A. Dickinson
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 ...
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Administrative Power
Sarah Biddulph
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 ...
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Administrative Procedure
Javier Barnes
This chapter concerns administrative procedure—the rules governing the process of decision-making. ‘Administrative procedure’ ultimately refers to a how governmental organizations actually ...
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The Administrative State: Law, Democracy, and Knowledge
Adrian Vermeule
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 ...
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Affirmative Action
Daniel Sabbagh
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 ...
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Amending the Constitution of Canada
Benoît Pelletier
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 ...
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An Anglo-American Tradition
Peter Cane
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 ...
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The Appellate Jurisdiction of the Caribbean Court of Justice
Stephen Vasciannie
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 ...
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Assembly and Association
Menaka Guruswamy
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 ...
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Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)
Ulrich K. Preuß
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 ...
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Asymmetric Federalism
Louise Tillin
This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments ...
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Australia in the International Order
Hilary Charlesworth
This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating ...
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Authoritarian Regimes
Po Jen Yap
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 ...
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Authority of the High Court of Australia
Stephen Donaghue
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 ...
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