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"This book is the first collection of its kind exploring common law constitutional rights. It offers a detailed and comparative analysis of the content and role of individual common law constitutional rights in judicial decision-making; and a series of essays offering a range of perspectives on the constitutional significance and rights implications of this development. There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights. Indeed various members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. This shift in legal reasoning has created a sense amongst both scholars and the judiciary that something significant is happening here, and was recently described by Lady Hale as 'UK constitutionalism on the march'. This collection brings together leading constitutional scholars to analyse this significant development for the first time"--

In The Oxford Introductions to U.S. Law: Constitutional Law, Professors Michael C. Dorf and Trevor W. Morrison discuss the relationships between the branches of federal government, between the federal and state governments, and between the government and the individual. They describe American constitutional law as a mechanism for allocating decision-making authority - that is, for deciding who decides. They also discuss the extent to which judges and Justices may substitute their own constitutional judgment for that of elected officials.

In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.

The taxonomies of an anti-Jewish legal order -- The secretaries-general : passive collaboration, Belgian law and the Jews, 1940-45 -- The fragility of law: anti-Jewish decrees and Belgian legal elites -- Aryanization, legalized theft and Belgian law -- Belgian municipalities and the introduction of anti-Jewish decrees -- Brussels : passive collaboration and the Jews of the capital -- Communicating, informing, and deciding : the city of Brussels and passive collaboration 1941-44 -- Liôge and its Jews: Hebrew and Polish stores, June 1940 -- Hirsch & co : a case study of Aryanization in Belgium -- Belgian lawyers, Belgian judges, Jewish cases -- Constitutional patriotism and the fragility of law

Frontmatter -- Contents -- Contributors -- Introduction / George, Robert P. -- Chapter One. Marbury v. Madison and the Theory of Judicial Supremacy / Tushnet, Mark -- Chapter Two. "Despotism in Some Form": Marbury v. Madison / Waldron, Jeremy -- Chapter Three. Dred, Scott v. Sandford and Its Legacy / Sunstein, Cass R. -- Chapter Four. Politics and Judicial Responsibility: Dred Scott v. Sandford / McPherson, James M. -- Chapter Five. Lochner v. New York and the Cast of Our Laws / Arkes, Hadley -- Chapter Six. The Substance of Process: Lochner v. New York / Drakeman, Donald -- Chapter Seven. Brown v. Board of Education and "Originalism" / Maltz, Earl -- Chapter Eight. Originalism - The Deceptive Evil: Brown v. Board of Education / Murphy, Walter F. -- Chapter Nine. Roe v. Wade: Speaking the Unspeakable / Elshtain, Jean Bethke -- Chapter Ten. Judicial Power and Abortion Politics: Roe v. Wade / Will, George -- Index

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to createa body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has

27. Private Actors and Constitutional RightsPart 8: Constitutional Rights and 'State of Emergency'; 28. The National Security Constitutionand the Israeli Condition; 29. The Role of the Legislature inDetermining Legitimate Responses toSecurity Threats: The Case of Israel; 30. Of Law, Constitutions and Security; Part 9: Israel -- 'Jewish and Democratic'; 31. Jewish and Democratic:Three Zionisms and Post-Zionism; 32. A Jewish Nation-State: A Discussion inLight of the Family Reunification Case; 33. National Identity and Religion-StateRelations: Israel in Comparative Perspective.