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Prelude to the Separation of Powers
This article is an exploration of the concept of the separation of powers. It does not seek to advance a fully formulated account of the doctrine; rather, it seeks to show what the many differentExpand
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The Limited Modesty of Subsidiarity
This paper provides an account of the European principle of subsidiarity that presents it as a principle of democratic structuring: engaging both with the allocation of powers to existing democraticExpand
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The Constitutional State
The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people,Expand
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Self-Defence for Institutions
This article reflects on a group of constitutional devices: mechanisms that empower one state institution to defend itself against another. The institution is given a shield to protect against theExpand
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Legal Realism, Pluralism, and their Challengers
This paper looks at the intersection of three strands of legal scholarship. Legal realism and legal pluralism can each trace their origins back to the early years of the last century. After aExpand
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Legal Pluralism and the European Union
This article advances a pluralist model of a legal system. It claims that a legal system is pluralist when it contains inconsistent rules of recognition that cannot be legally resolved from withinExpand
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Sovereignty Re-Examined: The Courts, Parliament, and Statutes
Examines the possible connections between parliamentary sovereignty, Hart's rule of recognition, and Kelsen's Grundnorm. The paper should now be read alongside Barber, 'The Afterlife of ParliamentaryExpand
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Professor Loughlin's Idea of Public Law
The Idea of Public Law is a rich and complex book. Martin Loughlin examines a number of key concepts in public law, looking at, amongst other topics, sovereignty, rights, representation andExpand
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Must Legalistic Conceptions of the Rule of Law Have a Social Dimension
The article considers the nature of legalistic, or formal, conceptions of the rule of law, focusing particularly on the work of Joseph Raz and Albert Venn Dicey. It asks how such apparently narrowExpand
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