The nature of the Republican constitution has been much contested by scholars studying the history of the Roman Republic. In considering the problems of the late Republic, the nature of the constitution is an important question, for if we do not understand what the constitution …
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As a classical scholar and prominent founding father, James Wilson was at once statesman, judge, and political thinker, who read Cicero as an example worthy of emulation and as a philosopher whose theory could be applied to his own age. Classical reception studies have focused o…
In recent years, due to globalization processes, religion emerged as a primary source of inter-communal tensions worldwide. Academic thinking tackling with possibilities of diffusing such tensions has been dominated by the liberal view, which offers the legal separation of relig…
The status of freedom of expression in Kenya improved considerably in the 1990s. By the early and mid 2000s, Kenyans could express themselves without fear that the state would arrest, detain, or otherwise interfere with their expression. This relatively expansive freedom was the…
My dissertation identifies the conditions needed to sustain a developmental state. I argue that the presence of 'disciplinary capital' and the institutionalization of 'leadership succession' determine the developmental patterns for bureaucratic pursuit of national economic growt…
On May 29, 2005 the European Constitution--a project decades in the making-- failed when French voters rejected it in a nationwide, popular referendum. The new document was not a beginning of European "constitutionalism" but a compilation of international treaties and court deci…
The Iranian Constitutional Revolution of 1906-1911 was a complex event with diverse ideological orientations. It established Iran's first elected parliament (the Majlis ), which included members of various social classes and also succeeded to ratify Iran's first Constitution, wh…
"The Human Rights Act (HRA) of the UK, enacted in 1998, provoked particular interest amongst scholars. Unlike systems of parliamentary sovereignty and judicial supremacy, it promised a new, ‘balanced’ model for the protection of rights, which conferred courts with a limited powe…
This work examines the promise of a new model against its performance in practice by comparing judicial review under the Human Rights Act (HRA) of the UK to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more b…
"Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusse…
Informed by a life lived under the oppressions of communism, ECtHR Judge András Sajó examines the fundamentals of constitutional systems of government, protection from tyranny, and promotion of freedom in this timely and important book.
Contributed articles presented at a conference on the political philosophy of the Indian constitution held in Goa in Sept. 2001.
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series…
"In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the l…
"In his book on two constitutional revolutions in the Middle East in the early twentieth century, Nader Sohrabi considers global diffusion of institutions and ideas, their regional and local reworking, and the long-term consequences of adaptations. He delves into historic reason…
"Egypt after Mubarak demonstrates that both secular and Islamist opponents of the regime are navigating a middle path that may result in a uniquely Islamic form of liberalism and, perhaps, democracy." "Essential reading on a subject of global importance, Egypt after Mubarak draw…