Results 181 to 190 of about 2,082,990 (290)

Does the Rule of Law Require the Separation of Powers?

open access: yesThe Modern Law Review, EarlyView.
The separation of powers is an enigmatic political ideal, particularly in the context of the modern administrative state, in which administrative officials routinely perform a combination of legislative, judicial, and executive functions. In this article we reexamine this ideal by interrogating Adrian Vermeule's provocative claim that the separation of
Dimitrios Kyritsis, Matthew Lewans
wiley   +1 more source

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Why Bulk Discount for Multiple Offenders? A Lexical Local Justification

open access: yesThe Modern Law Review, EarlyView.
This paper offers an original non‐consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’.
Peter Chau
wiley   +1 more source

‘The Tragedy of a Small Nation’: Alexander Devine and British Perspectives on the Montenegrin Question, 1918–24

open access: yesHistory, EarlyView.
Abstract This article examines the pro‐Montenegrin political campaigns of Alexander Devine, a schoolmaster and journalist who became Montenegro's leading British advocate following its incorporation into the Kingdom of Serbs, Croats and Slovenes after the First World War.
ROSS CAMERON
wiley   +1 more source

A Tribunal Only in Name: Anarchic Sensibilities at the International Tribunal on Crimes Against Women, 1976

open access: yesHistory, EarlyView.
Abstract In March 1976, around 2000 women from forty countries arrived at the Palais des Congrès in Brussels to participate in the first International Tribunal on Crimes Against Women. Explicitly positioning themselves against the United Nations‐led ‘International Year of the Woman’, the organizers and participants of the tribunal proclaimed a global ...
NIVEDITA JOON
wiley   +1 more source

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