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The Guardian of the Constitution
This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of …
The Collaborative Constitution
In this book, Aileen Kavanagh offers a fresh account of how we should protect rights in a democracy. Departing from leading theoretical accounts which present the courts and …
Building the Constitution
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support …
The New Commonwealth Model of Constitutionalism
Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United Kingdom and Australia are an experiment in a new third way of organizing basic institutional …
Dimensions of Dignity
In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in …
Micronations and the Search for Sovereignty
Political disagreement is a fact of life. It can prompt people to stand for public office and agitate for political change. Others take a different route; they start their own …
Constitutionalizing the Private Sphere
Do private actors have constitutional duties? While traditionally only government actors are responsible for upholding constitutional rights, courts and constitution-makers …
Parliamentary Bills of Rights
Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to …
Searching for the State in British Legal Thought
Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil …
Legal Sabotage
The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the …