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Keywords: constitutionalism
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Published: 04 April 2013
... declarations of incompatibility constitutionalism This essay is concerned with the evolving relationship between the existing, but fluid UK constitution and the Human Rights Act (HRA) at a general and two more specific levels. The general question is simply posed. What is the relationship between...
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Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’
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Simon Evans and Julia Watson
Published: 04 April 2013
... interpretation judicial review judiciary new Commonwealth model of constitutionalism parliamentary sovereignty scrutiny of legislation United States Australian Capital Territory ACT Human Rights Act creation of Bills of Rights Human Rights Act 1998 regional human rights courts lack of Victorian...
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Britain, Commonwealth and the End of Empire
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Robert Holland
Published: 10 June 2004
... of public discourse. It concludes that the transitions that characterised the Empire-Commonwealth over the twentieth century were ultimately constrained within the due process of British constitutionalism. Bibliography Documentary publications Ashton, S. R. and Stockwell, S. E. (eds), British...
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Transparency as a Human Right
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Patrick Birkinshaw
Published: 07 September 2006
... in realizing other human rights such as freedom of speech and access to justice, or other desiderata such as accountability, it is intrinsically important: the right to know how government operates on our behalf. The chapter also discusses constitutionalism and the struggle for information in the United...
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Back to the Future? Judges, Politicians and the Constitution in the New Scotland
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Aidan O’Neill
Published: 04 April 2013
... of BoRs rule of law candour duty of divine right of kings Melville Andrew Salmond Alex devolution political constitution legal constitutionalism Scottish politics Scottish public law United Kingdom The historian Conrad Russell once observed that the essential problem for any union...
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Mazzini’s Internationalism in Context: From the Cosmopolitan Patriotism of the Italian Carbonari to Mazzini’s Europe of the Nations
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Maurizio Isabella
Published: 11 September 2008
... to their views. While rejecting 18th-century notions of cosmopolitanism, the Carbonari believed that the independence of nations represented a step towards the universal expansion of freedom. They advanced a universal idea of civilization, which they identified with constitutionalism and free circulation...
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Published: 21 November 2013
... today. This chapter revisits the very brief historical window through which, between the late 1930 and late 1940s, dignity made its prominent entry into modern constitutionalism, largely under the auspices of Catholic social thought and with highly local political implications. As the evidence shows...
Chapter
Published: 11 August 2022
... argue, a particular populist art of governance which we still underestimate at our own cost; that art includes various ways of faking constitutionalism – which is to say: a facade of judicial institutions co-exists with populists in fact maximizing opportunities to exercise arbitrary power in the name...