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Constitutional Theory

Ron Levy and Graeme Orr: To Save Democracy, Reform the Law

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The US election just passed has made many people wonder about the merits of democracy. If an election […]

Constitutional Law Group November 30, 2016 Australia, Canada, Judicial review, United Kingdom, United States

Stefan Theil: Polycentricity – A Fatal Objection to the Adjudication of Environmental Rights?

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In an unprecedented ruling, the Hague District Court has recently compelled the Dutch State to reduce the greenhouse […]

Constitutional Law Group September 10, 2015 Uncategorized

Stefan Theil: Constitutions as culture: Two insights from Peter Häberle’s “The rationale of constitutions from a cultural science viewpoint”

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Constitutions are the cultural achievement of centuries of historical legal development, an expression of the cultural self-presentation of […]

Constitutional Law Group April 7, 2015 Comparative law, Constitution-Making, Europe

Stefan Theil: Three insights from Peter Häberle’s “Preambles in the text and context of constitutions”

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Preambles are a hallmark of constitutions, and questions regarding their inclusion and content are an important part of […]

Constitutional Law Group March 25, 2015 Comparative law, Constitution-Making

Thomas Adams: Wade’s Factortame

William Wade’s analysis of the second Factortame case ((1996) 112 Law Quarterly Review 568) is well known, and […]

Constitutional Law Group February 24, 2014 Judicial review, UK Parliament, Uncategorized

Stuart Lakin: The Sovereignty of Law: Freedom, Constitution and Common Law by Professor Trevor Allan: Some Preliminary Thoughts

 Most readers of this Blog will undoubtedly be familiar with the work of Professor TRS Allan.   It is […]

Constitutional Law Group February 4, 2014 Human rights, Judicial review, UK government, UK Parliament, Uncategorized

Rogier Creemers: The Constitutionalism Debate in China

Over the past few months, a heated debate about the role of the Constitution in Chinese political life […]

Constitutional Law Group June 22, 2013 China, Comparative law

David Mead: “Don’t Think Of An Elephant”: How Conceptualising Is Able To Skew The Outcome In Human Rights Cases

In his 2004 book “Don’t think of an elephant” cognitive linguist George Lakoff offered his view on the […]

Constitutional Law Group February 26, 2013 Human rights, Judicial review

Nick Barber: Does China Enjoy Greater Legitimacy Than Any Western State?

I was listening to the radio a little while ago, and heard Martin Jacques talking about China.  I […]

Constitutional Law Group November 28, 2012 China, Comparative law, Human rights

Colin Harvey: Reconstructing the ‘Political Constitution’ of Northern Ireland

For reasons that are not difficult to grasp, the constitutional process in Northern Ireland has been marked by […]

Constitutional Law Group August 2, 2012 Northern Ireland

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