Nineteenth Century Short-title Catalogue: phase 1. 1816-1870 PDF Download
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Category : Books
Languages : en
Pages : 794
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Category : Books
Languages : en
Pages : 794
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Author: Paolo Sandro
Publisher: Bloomsbury Publishing
ISBN: 1509905235
Category : Law
Languages : en
Pages : 331
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Book Description
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
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A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Adolf von Harnack
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Category : Church history
Languages : en
Pages : 448
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Category : Chemistry
Languages : en
Pages : 328
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Category : Chemistry
Languages : en
Pages : 324
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Category : Great Britain
Languages : en
Pages : 850
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Category : Advertising
Languages : en
Pages : 684
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Category :
Languages : en
Pages : 918
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Category : English newspapers
Languages : en
Pages : 216
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