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Proportionality and Constitutional Culture
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of …
Constitutional Dialogue
The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning …
Proportionality in Action
Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex …
Australia's Constitution after Whitlam
Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate …
Judging Social Rights
Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under …
Bills of Rights in the Common Law
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an …
Beyond Expropriation Without Compensation
Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy …
A.V. Dicey and the Common Law Constitutional Tradition
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his …
Lawyering for the Rule of Law
Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its …
Global Gender Constitutionalism and Women's Citizenship
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed …