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A Constitutionalist Approach to the European Convention on Human Rights
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional …
Judicial Avoidance
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments …
The Methodology of Constitutional Theory
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other …
Proportionality and Facts in Constitutional Adjudication
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured …
Constitutionally Conforming Interpretation – Comparative Perspectives
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental …
Equality Before the Law
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a …