... secularism itself. It suggests that it is the very schematizing of religion by liberal legalism that enables religion to serve as a vehicle for illiberal policies. Secular law creates and polices a division and tension between the secular and the religious, and between public and private, that makes conflict...

... for the administrative state, deriving from James Madison and his colleagues. It argues that the Madisonian framework is broken and cannot be translated or adapted to the administrative state. In the official constitutional theory of liberal legalism, lawmaking powers are separated among three different branches...

...This introductory chapter presents an overview of the “modern executive” and describes liberal legal theory. It also argues that law does little to constrain the modern executive, contrary to liberal legalism's hopes, while politics and public opinion constrain the modern executive, contrary...

... that the alternative to liberal legalism, with its executive tightly constrained by law, must be executive tyranny. This is a bogeyman of liberal legal and political theory that rests on little or no evidence. The real alternative to liberal legalism is not tyranny but a plebiscitary presidency, constrained...

... Henry Young America Bronson Orestes equality before the law Skidmore Thomas common right Banner Stuart Indian question liberal democracy legal formalism liberal legalism Rent Wars settler colonialism white trash Kirkland finally appreciates the alternative economy of commons democracy...

... relationships and democratic citizenship. When such relationships break down and lead to the expression of citizen grievance, the institutions of administrative justice, such as ombuds, tribunals and civic mediators, seek to intervene. Their efforts are frequently hampered by a residual liberal legalism...

... vulnerability marginality gender liberty life dignity intersectionality consciousness women law liberal governance carceral feminism governance feminism rights equal treatment liberal legalism virtue The idea of framing gender discrimination as a problem worthy of examination goes back...

...This chapter describes the penal-welfare structure, formed by combining the liberal legalism of due process and proportionate punishment with a correctionalist commitment to rehabilitation, welfare, and criminological expertise. By the 1960s, in both the USA and the UK, penal-welfarism commanded...

...Liberal legalism imposes restrictions on the ability of administrative justice institutions to achieve their full potential. Liberal legalism is more than a set of techniques and is instead an outlook, or mentality, that can best be described as a ‘social imaginary’. The key characteristics...

... Hayek. What they have in common is attachment to a form of liberal legalism that prioritizes the philosophy of right over the philosophy of the good . Individual rights, negative liberty and individual identity are the keywords, freedom amounting to little more than the absence of unlawful...

... distinction and causation issues. The result is a bounded jurisprudence reflecting both the strengths and weakness of liberal legalism. In particular, claims targeting the twenty-first century crises of Canadian society—social and economic inequality, as well as environmental degradation—while meaningfully...

... legal theorists have tried to reconcile constitutional change with the constitutional rule of law. Then, it discusses the problem of constitutional change and contends that liberal legalism has no adequate theory of how change in fundamental law can be accomplished under the American constitution...

... gaps will expand during crises. The secret of the APA's “success” is that it contains a series of adjustable parameters that the courts can use to control the intensity of their scrutiny over time. Liberal legalism's basic aspiration, that statutes will subject the administrative state to the rule...

... Conventions prisoners of war Young Turks barbarism Bass Gary J justice labelling genocide liberal legalism Nuremberg trials Victor's justice Churchill Winston International Criminal Tribunal for the former Yugoslavia ICTY Karadžić Radovan Milošević Slobodan punishment anarchical world order...

... Arusha court Bagosora Theoneste Dallaire Lt Gen Romeo International Court of Justice World Court World Court International Court of Justice Liberal legalism individual accountability Auschwitz trials Federal German Republic ICTR ICTY hybrid courts hearsay joint criminal enterprise court...