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  • S Theil, 'Preambles in the text and context of constitutions' in Markus Kotzur (ed), Peter Häberle on Constitutional Theory - Constitution as Culture and the Open Society of Constitutional Interpreters (Hart Publishing / Nomos 2018)
    DOI: 10.5771/9783845289519-257
    Translation from German, originally published in 1979 as 'Präambeln im Text und Kontext von Verfassungen'
  • S Theil, 'The rationale of constitutions from a cultural science viewpoint' in Markus Kotzur (ed), Peter Häberle on Constitutional Theory - Constitution as Culture and the Open Society of Constitutional Interpreters (Hart Publishing / Nomos 2018)
    DOI: 10.5771/9783845289519-229
    Translation from German, originally published in 2006 as 'Der Sinn von Verfassungen in kulturwissenschaftlicher Sicht'
    ISBN: 9781509926299
  • Ch. Kypraios Kypraios, ''Vetoing' the admission of a third state in international organizations: Lessons learned from the Greece-fYROM case' (2018) Völkerrechtsblog
  • S Atrey, 'Comparison in Intersectional Discrimination' (2018) Legal Studies 379
  • L Lazarus, 'Doing Violence to the Rule of Law' (2018) Douglas McK Brown Lecture, Peter Allard School of Law, University of British Columbia
    This lecture is based on ongoing work towards the completion of my book Securing Legality. It demonstrates a paradigmatic shift towards the securitization of the rule of law in international practice. It showcases a comprehensive analysis of documentation referring to the rule of law within both international agencies and domestic government departments. It also refers to interviews conducted with actors who are responsible for rule of law work within these agencies. These interviews explore and test the analysis of the primary sources produced by their agencies. At the end of the lecture I address the theoretical concerns raised by this move towards a securitized conception of the rule of law, and some scholarly responses in this field.
  • S Atrey, 'Illuminating the CJEU’s Blindspot of Intersectional Discrimination' (2018) 47 Industrial Law Journal 278
  • S Atrey, 'Indian Supreme Court Jurisprudence and the Implementation of the UNCRPD ' in A Lawson and L Waddington (eds), The United Nations Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Court (Oxford University Press 2018)
  • C O'Regan, 'Political Parties: The Missing Link in our Constitution?' (2018) 1 South African Judicial Education Journal 61
    ISBN: 2616-7999
  • R Martin, 'Prosecutorial Discretion, Assisting Offenders and the Decision to Refer Under SOCPA 2005' (2018) 134 Law Quarterly Review [Case Note]
  • S Atrey, 'Race Discrimination in EU Law after Jyske Finans' (2018) 55 Common Market Law Review 625 [Case Note]
  • Ch. Kypraios Kypraios and P. Arora, 'Ritual Slaughter in Europe: Towards Reconciling Animal Welfare and Religious Pluralism' (2018) 45 L'Observateur des Nations Unies 44
  • Ch. Kypraios Kypraios and E. Carpanelli, 'Space Debris' (2018) Max Planck Encyclopedia of Public International Law
  • S Atrey, 'The Intersectional Case of Poverty in Discrimination Law' (2018) 18 Human Rights Law Review 411
  • TAO Endicott, 'The Public Trust' in Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, and Paul B. Miller (eds), Fiduciary Government (Cambridge University Press 2018) (forthcoming)
    All public power is held in trust. That explains the attraction of the fiduciary theory of government, which treats the duties of trustees and other fiduciaries in private law as an explanatory analogue for the duties of public officials and agencies, including the state. But I argue that, although public agencies have many fiduciary duties, and public officials generally have fiduciary duties to the agencies in which they serve the community, public duties are not generally fiduciary. Public power is held in trust in the sense that it is to be exercised for the public good. I seek to explain the fundamental difference between that duty of service to a community, and the fiduciary’s duty to serve the interests of beneficiaries.
    ISBN: 9781108155267
  • C O'Regan, 'The Universal Declaration of Human rights at 70: A time to look back, and a time to look forward' (2018) 6 Journal of the British Academy
    DOI: https://doi.org/10.5871/jba/006.259
    Anxiety about the future of democracy and human rights is widespread. To provide a framework within which to assess that anxiety, this article explores the history of the Universal Declaration of Human Rights, which was adopted seventy years ago by the General Assembly. The article outlines the traditional, rather whiggish, account of that history, which asserts that the project of proclaiming and protecting human rights in international law has seen steady improvement and expansion since 1948. The article argues that this account is at least partly misleading and that the history of the international human rights project since 1948 has been more complex, contingent and uneven. The article concludes by suggesting that recognising that the history of the international human rights project has been beset by difficulties and uncertainties may make it easier both to assess—and respond to—contemporary challenges.
    ISBN: 2052-7217 Anxiety about the future of democracy and human rights is widespread. To provide a framework within which to assess that anxiety, this article explores the history of the Universal Declaration of Human Rights, which was adopted seventy years ago
  • S Atrey, 'Women’s Human Rights: From Progress to Transformation, An Intersectional Response to Martha Nussbaum' (2018) Human Rights Quarterly 859
  • S Theil, 'An Aversion to Weimar: German Constitutional Hesitance on Dissolving the Bundestag' (2017) UK Constitutional Law Blog
    Now that the next German government is unlikely to be formed, Germany is left with two equally unattractive options: a minority government under CDU/CSU leadership or fresh elections following dissolution of the Bundestag. The procedure for both is complicated under the German constitution, and this post will seek to shed some light on the constitutional hurdles. There are broadly speaking two scenarios in which the Bundestag may be dissolved and fresh elections sought, as well as a minority government formed.
  • S Theil, 'Is the ‘living instrument’ approach of the European Court of Human Rights compatible with the ECHR and International Law?' (2017) 23 European Public Law 587
    The article offers a rebuttal of prominent criticisms directed against the ‘living instrument’ interpretative approach of the European Court of Human Rights. The article initially introduces the basic application of the interpretative approach as adopted by the Court and then considers whether it is compatible with the Convention and broader International Law. The article argues that the Preamble, subsequent State practice and preparatory work offer inconclusive evidence to both critics and supporters of the ‘living instrument’. However, the interpretative approach can claim democratic endorsement through States, while arguments based on the necessity to consider domestic interpretations of the European Convention on Human Rights (ECHR) cannot support a restrictive interpretation as a matter of International Law. The ‘living instrument’ further appears compatible in the context of state sovereignty in International Law, and broader institutional concerns with the role of judges in the adjudication of rights. Ultimately, the ‘living instrument’ interpretative approach therefore appears legal under the Convention and relevant International Law.
    ISBN: 1354-3725

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