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The Constitution of Tonga, 132 years old in 2007 -- indeed one of the world's oldest extant constitutions -- has …
Persistent link: https://www.econbiz.de/10012764752
The paper aims to demonstrate that the European Economic Constitution requires an electoral system that produces a bi …
Persistent link: https://www.econbiz.de/10014206607
constitution, or the act of 1905, it’s not what it appear, and mostly known in the french literature, this article is to reject all … questions of how the idea of laicism has been reversed into the interwar period thus to the 1958 constitution to be developed in …
Persistent link: https://www.econbiz.de/10013297769
Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....
Persistent link: https://www.econbiz.de/10012844339
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper …
Persistent link: https://www.econbiz.de/10013036880
We use Comparative Constitutions Project (CCP) data to explore whether Constitutions that follow revolutions are designed differently. We employ matching methods using 31 treatments (revolutionary Constitutions) and 162 control units (new Constitutional adoptions without a revolution). We find...
Persistent link: https://www.econbiz.de/10014260977
Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...
Persistent link: https://www.econbiz.de/10013083324
Persistent link: https://www.econbiz.de/10012767449