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Administrative Democracy and Federalism
In: Public Administration and Expertise in Democratic Governments: Comparative Public Law in the Twenty-First Century (Routledge, Forthcoming)
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The United Kingdom's Statutory Constitution
In: 40(3) Oxford Journal of Legal Studies (2020) pp. 449–481
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Working paper
The hydraulics of constitutional claims:Multiplicity of actors in constitutional interpretation
In: Psygkas , A 2019 , ' The hydraulics of constitutional claims : Multiplicity of actors in constitutional interpretation ' , University of Toronto Law Journal , vol. 69 , no. 2 , pp. 211-247 . https://doi.org/10.3138/utlj.2018-0033
Who makes constitutional claims? This article argues that on both sides of the Atlantic a multiplicity of constitutional actors outside the courts participate in the elaboration of constitutional principles. I map out these constitutional actors by using as a case study the legal recognition of same-sex marriage in the United States, Spain, the United Kingdom, and Ireland. In all four country cases, there are common functional demands for democratic involvement in shaping constitutional meaning. Even though these demands may take various institutional and procedural forms owing to diverse political, institutional, and cultural contexts, I argue that the same overarching hydraulics effect is at play across jurisdictions. When social movements are shut out of one forum, they channel their constitutional claims through different institutional avenues. The four systems represent distinctive models of formal recognition of same-sex marriage, with different actors taking the lead and appearing to have the final say on this contested issue. However, I explain that in all four cases we can detect the voices of multiple actors, including, notably, the people themselves, in a process of legal contestation around the interpretation of fundamental constitutional principles. These voices can take different forms, and the article proposes institutional, historical, political, and cultural factors that may account for this. Thus, the article tells a story of legal development arising from inclusive interpretive communities in the context of a democratic constitutional theory. This framework facilitates dynamic constitutional interpretation that reflects evolving political and social demands instead of top-down delivery of constitutional meaning.
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Accommodating Legal Pluralism and 'Pluralizing' the Constitution: The Example of the United Kingdom
In: Guillaume Tusseau (ed), Debating Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Global Age, Springer, 2020
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Working paper
Accountability
In: Peter Cane, Herwig Hofmann, Eric Ip, and Peter Lindseth (eds), The Oxford Handbook of Comparative Administrative Law, Oxford University Press, 2020
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Working paper
The Hydraulics of Constitutional Claims: Multiplicity of Actors in Constitutional Interpretation
In: 69 University of Toronto Law Journal 211-247 (2019)
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From the 'Democratic Deficit' to a 'Democratic Surplus': Constructing Administrative Democracy in Europe
In: "From the 'Democratic Deficit' to a 'Democratic Surplus': Constructing Administrative Democracy in Europe" (Oxford University Press, 2017)
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Building Castles and Ballistae: The Role of Administrative Procedure Law in Setting Up Independent Agencies
In: Jean-Bernard Auby and Thomas Perroud (eds.), Droit comparé de la procédure administrative / Comparative Law of Administrative Procedure (Bruylant, 2016)
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The 'Double Helix' of Process and Substance Review Before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts?
In: Susan Rose-Ackerman, Peter Lindseth and Blake Emerson (eds), Comparative Administrative Law (2nd edn, Edward Elgar 2017)
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Revitalizing the 'Liberty of the Ancients' Through Citizen Participation in the Legislative Process: Thoughts on Doctors for Life International v. the Speaker of the National Assembly & Others
In: Annuaire International des Droits de l'Homme/International Yearbook on Human Rights, 2010
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