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The Dynamics of Exclusionary Constitutionalism
What does Israel’s definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? …
Israeli Constitutional Law in the Making
In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of …
Entick v Carrington
Entick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. In 1762 the Earl of Halifax, one of His Majesty’s Principal Secretaries of State, …
The Use of Foreign Precedents by Constitutional Judges
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use …
Parliaments and Human Rights
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a ‘democratic deficit’. Yet …
Constitutionalising Secession
Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the …
Soft Law and Public Authorities
This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain …
The Foundations and Traditions of Constitutional Amendment
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal …
Principled Reasoning in Human Rights Adjudication
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of …
Regulation in India: Design, Capacity, Performance
The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world’s largest democracy, is no exception to this trend. This book is …
Why Religious Freedom Matters for Democracy
Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees’ private lives for the sake of enforcing …
Legitimate Expectations in the Common Law World
The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan …