This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes.
The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union
Across the social sciences and even in philosophy, trust is most often characterized in terms of expectations and probabilities. This book defends an alternative conception of trust as a moral phenomenon. When one person trusts another to do something, the first relies on the second's commitment(s). So, trust reflects-and is a product of-agreement about the commitments and obligations that b…
Roman law” could mean very different things in the Carolingian period, and refers to a great variety of legal texts. This becomes particularly visible from the abbreviated versions of Roman law that were produced and circulated since the 6th century.
The digital pdf of Chapter 5 is available Open Access under CC-BY-NC-ND licence. This collection brings together leading figures in the study of international relations to explore praxis as a perspective on international politics and law. With its focus on competent judgments, the praxis approach holds the promise to overcome the divide between knowing and acting that marks positivist internati…
The digital pdf of Chapter 5 is available Open Access under CC-BY-NC-ND licence. This collection brings together leading figures in the study of international relations to explore praxis as a perspective on international politics and law. With its focus on competent judgments, the praxis approach holds the promise to overcome the divide between knowing and acting that marks positivist internati…
Preventive detention shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will assume), and in preventive detention, the individual…
The digital pdf of Chapter 4 is available Open Access under CC-BY-NC-ND licence. This collection brings together leading figures in the study of international relations to explore praxis as a perspective on international politics and law. With its focus on competent judgments, the praxis approach holds the promise to overcome the divide between knowing and acting that marks positivist internati…
Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland's system of government? Could it unravel crucial parts of Northern Ireland's peace process? What are the wider implications of the arrangements for the Irish and UK constitutions? Northern Ireland presents some of the most difficult Brexit dilemmas. Negotiations between the UK and the EU have set out how issue…