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Publisher: Oxford University Press   (Total: 372 journals)

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Showing 1 - 200 of 372 Journals sorted alphabetically
Acta Biochimica et Biophysica Sinica     Hybrid Journal   (Followers: 5, SJR: 0.881, h-index: 38)
Adaptation     Hybrid Journal   (Followers: 8, SJR: 0.111, h-index: 4)
Aesthetic Surgery J.     Hybrid Journal   (Followers: 6, SJR: 1.538, h-index: 35)
African Affairs     Hybrid Journal   (Followers: 65, SJR: 1.512, h-index: 46)
Age and Ageing     Hybrid Journal   (Followers: 86, SJR: 1.611, h-index: 107)
Alcohol and Alcoholism     Hybrid Journal   (Followers: 18, SJR: 0.935, h-index: 80)
American Entomologist     Full-text available via subscription   (Followers: 6)
American Historical Review     Hybrid Journal   (Followers: 143, SJR: 0.652, h-index: 43)
American J. of Agricultural Economics     Hybrid Journal   (Followers: 39, SJR: 1.441, h-index: 77)
American J. of Epidemiology     Hybrid Journal   (Followers: 166, SJR: 3.047, h-index: 201)
American J. of Hypertension     Hybrid Journal   (Followers: 25, SJR: 1.397, h-index: 111)
American J. of Jurisprudence     Hybrid Journal   (Followers: 18)
American J. of Legal History     Full-text available via subscription   (Followers: 9, SJR: 0.151, h-index: 7)
American Law and Economics Review     Hybrid Journal   (Followers: 28, SJR: 0.824, h-index: 23)
American Literary History     Hybrid Journal   (Followers: 15, SJR: 0.185, h-index: 22)
Analysis     Hybrid Journal   (Followers: 21)
Annals of Botany     Hybrid Journal   (Followers: 35, SJR: 1.912, h-index: 124)
Annals of Occupational Hygiene     Hybrid Journal   (Followers: 29, SJR: 0.837, h-index: 57)
Annals of Oncology     Hybrid Journal   (Followers: 48, SJR: 4.362, h-index: 173)
Annals of the Entomological Society of America     Full-text available via subscription   (Followers: 8, SJR: 0.642, h-index: 53)
Annals of Work Exposures and Health     Hybrid Journal  
AoB Plants     Open Access   (Followers: 4, SJR: 0.78, h-index: 10)
Applied Economic Perspectives and Policy     Hybrid Journal   (Followers: 17, SJR: 0.884, h-index: 31)
Applied Linguistics     Hybrid Journal   (Followers: 55, SJR: 1.749, h-index: 63)
Applied Mathematics Research eXpress     Hybrid Journal   (Followers: 1, SJR: 0.779, h-index: 11)
Arbitration Intl.     Full-text available via subscription   (Followers: 19)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Archives of Clinical Neuropsychology     Hybrid Journal   (Followers: 30, SJR: 0.96, h-index: 71)
Aristotelian Society Supplementary Volume     Hybrid Journal   (Followers: 3, SJR: 0.102, h-index: 20)
Arthropod Management Tests     Hybrid Journal   (Followers: 2)
Astronomy & Geophysics     Hybrid Journal   (Followers: 46, SJR: 0.144, h-index: 15)
Behavioral Ecology     Hybrid Journal   (Followers: 51, SJR: 1.698, h-index: 92)
Bioinformatics     Hybrid Journal   (Followers: 281, SJR: 4.643, h-index: 271)
Biology Methods and Protocols     Hybrid Journal  
Biology of Reproduction     Full-text available via subscription   (Followers: 9, SJR: 1.646, h-index: 149)
Biometrika     Hybrid Journal   (Followers: 20, SJR: 2.801, h-index: 90)
BioScience     Hybrid Journal   (Followers: 30, SJR: 2.374, h-index: 154)
Bioscience Horizons : The National Undergraduate Research J.     Open Access   (Followers: 1, SJR: 0.213, h-index: 9)
Biostatistics     Hybrid Journal   (Followers: 17, SJR: 1.955, h-index: 55)
BJA : British J. of Anaesthesia     Hybrid Journal   (Followers: 159, SJR: 2.314, h-index: 133)
BJA Education     Hybrid Journal   (Followers: 64, SJR: 0.272, h-index: 20)
Brain     Hybrid Journal   (Followers: 68, SJR: 6.097, h-index: 264)
Briefings in Bioinformatics     Hybrid Journal   (Followers: 43, SJR: 4.086, h-index: 73)
Briefings in Functional Genomics     Hybrid Journal   (Followers: 3, SJR: 1.771, h-index: 50)
British J. for the Philosophy of Science     Hybrid Journal   (Followers: 33, SJR: 1.267, h-index: 38)
British J. of Aesthetics     Hybrid Journal   (Followers: 26, SJR: 0.217, h-index: 18)
British J. of Criminology     Hybrid Journal   (Followers: 577, SJR: 1.373, h-index: 62)
British J. of Social Work     Hybrid Journal   (Followers: 86, SJR: 0.771, h-index: 53)
British Medical Bulletin     Hybrid Journal   (Followers: 7, SJR: 1.391, h-index: 84)
British Yearbook of Intl. Law     Hybrid Journal   (Followers: 30)
Bulletin of the London Mathematical Society     Hybrid Journal   (Followers: 4, SJR: 1.474, h-index: 31)
Cambridge J. of Economics     Hybrid Journal   (Followers: 61, SJR: 0.957, h-index: 59)
Cambridge J. of Regions, Economy and Society     Hybrid Journal   (Followers: 9, SJR: 1.067, h-index: 22)
Cambridge Quarterly     Hybrid Journal   (Followers: 9, SJR: 0.1, h-index: 7)
Capital Markets Law J.     Hybrid Journal   (Followers: 2)
Carcinogenesis     Hybrid Journal   (Followers: 2, SJR: 2.439, h-index: 167)
Cardiovascular Research     Hybrid Journal   (Followers: 12, SJR: 2.897, h-index: 175)
Cerebral Cortex     Hybrid Journal   (Followers: 44, SJR: 4.827, h-index: 192)
CESifo Economic Studies     Hybrid Journal   (Followers: 17, SJR: 0.501, h-index: 19)
Chemical Senses     Hybrid Journal   (Followers: 1, SJR: 1.436, h-index: 76)
Children and Schools     Hybrid Journal   (Followers: 5, SJR: 0.211, h-index: 18)
Chinese J. of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese J. of Intl. Law     Hybrid Journal   (Followers: 22, SJR: 0.737, h-index: 11)
Chinese J. of Intl. Politics     Hybrid Journal   (Followers: 8, SJR: 1.238, h-index: 15)
Christian Bioethics: Non-Ecumenical Studies in Medical Morality     Hybrid Journal   (Followers: 10, SJR: 0.191, h-index: 8)
Classical Receptions J.     Hybrid Journal   (Followers: 25, SJR: 0.1, h-index: 3)
Clinical Infectious Diseases     Hybrid Journal   (Followers: 62, SJR: 4.742, h-index: 261)
Clinical Kidney J.     Open Access   (Followers: 3, SJR: 0.338, h-index: 19)
Community Development J.     Hybrid Journal   (Followers: 27, SJR: 0.47, h-index: 28)
Computer J.     Hybrid Journal   (Followers: 9, SJR: 0.371, h-index: 47)
Conservation Physiology     Open Access   (Followers: 2)
Contemporary Women's Writing     Hybrid Journal   (Followers: 9, SJR: 0.111, h-index: 3)
Contributions to Political Economy     Hybrid Journal   (Followers: 5, SJR: 0.313, h-index: 10)
Critical Values     Full-text available via subscription  
Current Legal Problems     Hybrid Journal   (Followers: 27)
Current Zoology     Full-text available via subscription   (Followers: 1, SJR: 0.999, h-index: 20)
Database : The J. of Biological Databases and Curation     Open Access   (Followers: 8, SJR: 1.068, h-index: 24)
Digital Scholarship in the Humanities     Hybrid Journal   (Followers: 13)
Diplomatic History     Hybrid Journal   (Followers: 19, SJR: 0.296, h-index: 22)
DNA Research     Open Access   (Followers: 5, SJR: 2.42, h-index: 77)
Dynamics and Statistics of the Climate System     Open Access   (Followers: 3)
Early Music     Hybrid Journal   (Followers: 15, SJR: 0.124, h-index: 11)
Economic Policy     Hybrid Journal   (Followers: 39, SJR: 2.052, h-index: 52)
ELT J.     Hybrid Journal   (Followers: 25, SJR: 1.26, h-index: 23)
English Historical Review     Hybrid Journal   (Followers: 51, SJR: 0.311, h-index: 10)
English: J. of the English Association     Hybrid Journal   (Followers: 14, SJR: 0.144, h-index: 3)
Environmental Entomology     Full-text available via subscription   (Followers: 11, SJR: 0.791, h-index: 66)
Environmental Epigenetics     Open Access   (Followers: 3)
Environmental History     Hybrid Journal   (Followers: 26, SJR: 0.197, h-index: 25)
EP-Europace     Hybrid Journal   (Followers: 2, SJR: 2.201, h-index: 71)
Epidemiologic Reviews     Hybrid Journal   (Followers: 9, SJR: 3.917, h-index: 81)
ESHRE Monographs     Hybrid Journal  
Essays in Criticism     Hybrid Journal   (Followers: 16, SJR: 0.1, h-index: 6)
European Heart J.     Hybrid Journal   (Followers: 54, SJR: 6.997, h-index: 227)
European Heart J. - Cardiovascular Imaging     Hybrid Journal   (Followers: 8, SJR: 2.044, h-index: 58)
European Heart J. - Cardiovascular Pharmacotherapy     Full-text available via subscription   (Followers: 1)
European Heart J. - Quality of Care and Clinical Outcomes     Hybrid Journal  
European Heart J. Supplements     Hybrid Journal   (Followers: 7, SJR: 0.152, h-index: 31)
European J. of Cardio-Thoracic Surgery     Hybrid Journal   (Followers: 9, SJR: 1.568, h-index: 104)
European J. of Intl. Law     Hybrid Journal   (Followers: 169, SJR: 0.722, h-index: 38)
European J. of Orthodontics     Hybrid Journal   (Followers: 4, SJR: 1.09, h-index: 60)
European J. of Public Health     Hybrid Journal   (Followers: 20, SJR: 1.284, h-index: 64)
European Review of Agricultural Economics     Hybrid Journal   (Followers: 9, SJR: 1.549, h-index: 42)
European Review of Economic History     Hybrid Journal   (Followers: 28, SJR: 0.628, h-index: 24)
European Sociological Review     Hybrid Journal   (Followers: 40, SJR: 2.061, h-index: 53)
Evolution, Medicine, and Public Health     Open Access   (Followers: 10)
Family Practice     Hybrid Journal   (Followers: 14, SJR: 1.048, h-index: 77)
Fems Microbiology Ecology     Hybrid Journal   (Followers: 10, SJR: 1.687, h-index: 115)
Fems Microbiology Letters     Hybrid Journal   (Followers: 22, SJR: 1.126, h-index: 118)
Fems Microbiology Reviews     Hybrid Journal   (Followers: 27, SJR: 7.587, h-index: 150)
Fems Yeast Research     Hybrid Journal   (Followers: 14, SJR: 1.213, h-index: 66)
Foreign Policy Analysis     Hybrid Journal   (Followers: 23, SJR: 0.859, h-index: 10)
Forestry: An Intl. J. of Forest Research     Hybrid Journal   (Followers: 14, SJR: 0.903, h-index: 44)
Forum for Modern Language Studies     Hybrid Journal   (Followers: 6, SJR: 0.108, h-index: 6)
French History     Hybrid Journal   (Followers: 32, SJR: 0.123, h-index: 10)
French Studies     Hybrid Journal   (Followers: 20, SJR: 0.119, h-index: 7)
French Studies Bulletin     Hybrid Journal   (Followers: 10, SJR: 0.102, h-index: 3)
Gastroenterology Report     Open Access   (Followers: 2)
Genome Biology and Evolution     Open Access   (Followers: 11, SJR: 3.22, h-index: 39)
Geophysical J. Intl.     Hybrid Journal   (Followers: 34, SJR: 1.839, h-index: 119)
German History     Hybrid Journal   (Followers: 22, SJR: 0.437, h-index: 13)
GigaScience     Open Access   (Followers: 3)
Global Summitry     Hybrid Journal   (Followers: 1)
Glycobiology     Hybrid Journal   (Followers: 14, SJR: 1.692, h-index: 101)
Health and Social Work     Hybrid Journal   (Followers: 54, SJR: 0.505, h-index: 40)
Health Education Research     Hybrid Journal   (Followers: 13, SJR: 0.814, h-index: 80)
Health Policy and Planning     Hybrid Journal   (Followers: 24, SJR: 1.628, h-index: 66)
Health Promotion Intl.     Hybrid Journal   (Followers: 21, SJR: 0.664, h-index: 60)
History Workshop J.     Hybrid Journal   (Followers: 28, SJR: 0.313, h-index: 20)
Holocaust and Genocide Studies     Hybrid Journal   (Followers: 26, SJR: 0.115, h-index: 13)
Human Molecular Genetics     Hybrid Journal   (Followers: 8, SJR: 4.288, h-index: 233)
Human Reproduction     Hybrid Journal   (Followers: 72, SJR: 2.271, h-index: 179)
Human Reproduction Update     Hybrid Journal   (Followers: 17, SJR: 4.678, h-index: 128)
Human Rights Law Review     Hybrid Journal   (Followers: 60, SJR: 0.7, h-index: 21)
ICES J. of Marine Science: J. du Conseil     Hybrid Journal   (Followers: 51, SJR: 1.233, h-index: 88)
ICSID Review     Hybrid Journal   (Followers: 12)
ILAR J.     Hybrid Journal   (Followers: 2, SJR: 1.099, h-index: 51)
IMA J. of Applied Mathematics     Hybrid Journal   (SJR: 0.329, h-index: 26)
IMA J. of Management Mathematics     Hybrid Journal   (SJR: 0.351, h-index: 20)
IMA J. of Mathematical Control and Information     Hybrid Journal   (Followers: 2, SJR: 0.661, h-index: 28)
IMA J. of Numerical Analysis - advance access     Hybrid Journal   (SJR: 2.032, h-index: 44)
Industrial and Corporate Change     Hybrid Journal   (Followers: 10, SJR: 1.37, h-index: 81)
Industrial Law J.     Hybrid Journal   (Followers: 34, SJR: 0.184, h-index: 15)
Information and Inference     Free  
Integrative and Comparative Biology     Hybrid Journal   (Followers: 7, SJR: 1.911, h-index: 90)
Interacting with Computers     Hybrid Journal   (Followers: 10, SJR: 0.529, h-index: 59)
Interactive CardioVascular and Thoracic Surgery     Hybrid Journal   (Followers: 6, SJR: 0.743, h-index: 35)
Intl. Affairs     Hybrid Journal   (Followers: 56, SJR: 1.264, h-index: 53)
Intl. Data Privacy Law     Hybrid Journal   (Followers: 30)
Intl. Health     Hybrid Journal   (Followers: 5, SJR: 0.835, h-index: 15)
Intl. Immunology     Hybrid Journal   (Followers: 3, SJR: 1.613, h-index: 111)
Intl. J. for Quality in Health Care     Hybrid Journal   (Followers: 33, SJR: 1.593, h-index: 69)
Intl. J. of Constitutional Law     Hybrid Journal   (Followers: 63, SJR: 0.613, h-index: 19)
Intl. J. of Epidemiology     Hybrid Journal   (Followers: 178, SJR: 4.381, h-index: 145)
Intl. J. of Law and Information Technology     Hybrid Journal   (Followers: 5, SJR: 0.247, h-index: 8)
Intl. J. of Law, Policy and the Family     Hybrid Journal   (Followers: 30, SJR: 0.307, h-index: 15)
Intl. J. of Lexicography     Hybrid Journal   (Followers: 10, SJR: 0.404, h-index: 18)
Intl. J. of Low-Carbon Technologies     Open Access   (Followers: 1, SJR: 0.457, h-index: 12)
Intl. J. of Neuropsychopharmacology     Open Access   (Followers: 3, SJR: 1.69, h-index: 79)
Intl. J. of Public Opinion Research     Hybrid Journal   (Followers: 9, SJR: 0.906, h-index: 33)
Intl. J. of Refugee Law     Hybrid Journal   (Followers: 35, SJR: 0.231, h-index: 21)
Intl. J. of Transitional Justice     Hybrid Journal   (Followers: 12, SJR: 0.833, h-index: 12)
Intl. Mathematics Research Notices     Hybrid Journal   (Followers: 1, SJR: 2.052, h-index: 42)
Intl. Political Sociology     Hybrid Journal   (Followers: 35, SJR: 1.339, h-index: 19)
Intl. Relations of the Asia-Pacific     Hybrid Journal   (Followers: 22, SJR: 0.539, h-index: 17)
Intl. Studies Perspectives     Hybrid Journal   (Followers: 9, SJR: 0.998, h-index: 28)
Intl. Studies Quarterly     Hybrid Journal   (Followers: 42, SJR: 2.184, h-index: 68)
Intl. Studies Review     Hybrid Journal   (Followers: 20, SJR: 0.783, h-index: 38)
ISLE: Interdisciplinary Studies in Literature and Environment     Hybrid Journal   (Followers: 1, SJR: 0.155, h-index: 4)
ITNOW     Hybrid Journal   (Followers: 1, SJR: 0.102, h-index: 4)
J. of African Economies     Hybrid Journal   (Followers: 15, SJR: 0.647, h-index: 30)
J. of American History     Hybrid Journal   (Followers: 45, SJR: 0.286, h-index: 34)
J. of Analytical Toxicology     Hybrid Journal   (Followers: 13, SJR: 1.038, h-index: 60)
J. of Antimicrobial Chemotherapy     Hybrid Journal   (Followers: 14, SJR: 2.157, h-index: 149)
J. of Antitrust Enforcement     Hybrid Journal   (Followers: 1)
J. of Applied Poultry Research     Hybrid Journal   (Followers: 4, SJR: 0.563, h-index: 43)
J. of Biochemistry     Hybrid Journal   (Followers: 41, SJR: 1.341, h-index: 96)
J. of Burn Care & Research     Full-text available via subscription   (Followers: 9, SJR: 0.713, h-index: 57)
J. of Chromatographic Science     Hybrid Journal   (Followers: 18, SJR: 0.448, h-index: 42)
J. of Church and State     Hybrid Journal   (Followers: 11, SJR: 0.167, h-index: 11)
J. of Competition Law and Economics     Hybrid Journal   (Followers: 35, SJR: 0.442, h-index: 16)
J. of Complex Networks     Hybrid Journal   (Followers: 1, SJR: 1.165, h-index: 5)
J. of Conflict and Security Law     Hybrid Journal   (Followers: 13, SJR: 0.196, h-index: 15)
J. of Consumer Research     Full-text available via subscription   (Followers: 41, SJR: 4.896, h-index: 121)
J. of Crohn's and Colitis     Hybrid Journal   (Followers: 9, SJR: 1.543, h-index: 37)
J. of Cybersecurity     Hybrid Journal   (Followers: 3)
J. of Deaf Studies and Deaf Education     Hybrid Journal   (Followers: 8, SJR: 0.69, h-index: 36)
J. of Design History     Hybrid Journal   (Followers: 17, SJR: 0.166, h-index: 14)
J. of Economic Entomology     Full-text available via subscription   (Followers: 6, SJR: 0.894, h-index: 76)
J. of Economic Geography     Hybrid Journal   (Followers: 24, SJR: 2.909, h-index: 69)
J. of Environmental Law     Hybrid Journal   (Followers: 21, SJR: 0.457, h-index: 20)
J. of European Competition Law & Practice     Hybrid Journal   (Followers: 20)
J. of Experimental Botany     Hybrid Journal   (Followers: 13, SJR: 2.798, h-index: 163)
J. of Financial Econometrics     Hybrid Journal   (Followers: 22, SJR: 1.314, h-index: 27)
J. of Global Security Studies     Hybrid Journal   (Followers: 5)
J. of Heredity     Hybrid Journal   (Followers: 3, SJR: 1.024, h-index: 76)
J. of Hindu Studies     Hybrid Journal   (Followers: 8, SJR: 0.186, h-index: 3)
J. of Hip Preservation Surgery     Open Access  
J. of Human Rights Practice     Hybrid Journal   (Followers: 16, SJR: 0.399, h-index: 10)
J. of Infectious Diseases     Hybrid Journal   (Followers: 40, SJR: 4, h-index: 209)

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Journal Cover International Journal of Constitutional Law
  [SJR: 0.613]   [H-I: 19]   [63 followers]  Follow
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 1474-2640 - ISSN (Online) 1474-2659
   Published by Oxford University Press Homepage  [372 journals]
  • Je Suis Achbita!
    • Pages: 879 - 906
      Abstract: Achbita, decided in March 2017, is not a run of the mill case. It raised what I think are hugely difficult conceptual legal issues. It also comes at a delicate moment in the social and political life of Europe, where the Court of Justice of the European Union is an important actor in shaping the climate and defining the moral identity in and of Europe. I do not believe the Preliminary Ruling of the ECJ comes even close to what one may expect from the supreme judicial voice of justice of our Union in a case of this nature.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/moy001
      Issue No: Vol. 15, No. 4 (2018)
  • Honor Roll of Reviewers 2017
    • Pages: 907 - 908
      Abstract: We are indebted to the following colleagues who, in addition to our Editorial and Scientific Advisory Board members, gave their time this year to act as peer reviewers for I·CON. Without their valuable contribution we would not be able to maintain the excellent scholarly standards of our Journal.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox095
      Issue No: Vol. 15, No. 4 (2018)
  • Animals in the constitutional state
    • Authors: Eisen J.
      Pages: 909 - 954
      Abstract: While many constitutions refer to animals as resources or symbols, in recent years a distinct form of constitutional provision has emerged, treating the interests of individual animals as matters of intrinsic constitutional concern. The countries with such provisions are Switzerland (as of 1973), India (1976), Brazil (1988), Slovenia (1991), Germany (2002), Luxembourg (2007), Austria (2013), and Egypt (2014). The enactment histories, texts, and interpretations in these diverse jurisdictions are highly local, but this article suggests that these provisions can and should be identified as a distinct and novel category of constitutional provision insofar as they each seek to directly protect animal interests. This article demonstrates that the emergence of these novel constitutional animal protection provisions represents a significant disconnect from prevailing theories of constitutionalism, which generally place the dignity and democratic self-assertion of human subjects at their center. This article explores this tension between constitutional animal protection and prevailing theories of constitutionalism and proposes a supplementary account of constitutional theory that embraces the state’s obligation to attend to the interests of its most vulnerable members—even, and perhaps especially, where those members are incapable of constitutional self-assertion. This analysis offers a way of seeing constitutional animal protection as continuous with existing constitutional values, while also attending to the unique harms and politics of contemporary animal exploitation.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox088
      Issue No: Vol. 15, No. 4 (2018)
  • The American tradition of constituent power
    • Authors: Partlett W.
      Pages: 955 - 987
      Abstract: How do “the people” exercise their revolutionary right to replace the existing constitutional order' The conventional answer is that the people act through specially elected constitution-making bodies like constitutional conventions. But what powers must these specially elected institutions—as the representatives of the people—wield' Must they possess the inherent power to, for instance, unilaterally change the ratification requirements' Or, even if they must submit their drafts to a popular referendum, must they have inherent power to pass laws or displace existing government prior to a referendum' These questions have recently re-emerged in constitutional transformations around the world. Constitution-making bodies with broad inherent legal powers—justified as necessary for revolutionary expressions of the popular voice—have allowed strong partisan factions to use constitution-making to consolidate power. Some scholars—citing recent practice—have argued that we should abandon the revolutionary tradition altogether. A recovery of American debates about the powers of constitution-making bodies, however, shows that these runaway bodies are not necessary to a revolutionary expression of constituent power. On the contrary, the American approach to constituent power presents strong reasons why a revolutionary exercise of constituent power requires an elected constitution-making body to be a proposing body with limited legal powers.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox073
      Issue No: Vol. 15, No. 4 (2018)
  • The forms and limits of constitutions as political insurance
    • Authors: Dixon R; Ginsburg T.
      Pages: 988 - 1012
      Abstract: Constitutional review, and constitutions more broadly, have been analyzed as providing political insurance for parties who risk declining power. This article develops a typology of risks against which insurance may be useful, and explains how each has its own distinctive institutional implications. It suggests that political elites may seek insurance against three distinct risks—to their power, person, and policies—and that each form of insurance implies somewhat different constitutional choices in terms of the jurisdiction, staffing, and access to courts. Furthermore, the article provides an account as to why insurance may be robust even in the face of downstream political change, addressing a key criticism of the original theory. The key idea is that insurance is more robust when it is “two-sided,” that is, consisting of mutual commitments from multiple parties. In this way, the article provides a general account of constitutions as a response to political risk and identifies specific conditions under which constitutions are likely to fulfill the aims or expectations of drafters for effective political insurance.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox080
      Issue No: Vol. 15, No. 4 (2018)
  • Integrity of the public sector and controls: A new challenge for global
           administrative law'
    • Authors: D’Alterio E.
      Pages: 1013 - 1038
      Abstract: There are many rules and measures governing the integrity of public administrations. They concern the quality of actions taken by public servants, measured on the basis of fundamental rules and public values. In particular, transparency rules, risk management programs, and codes of conduct for public officials aim to promote accountability, fairness, and discipline in public administrations; others, instead, correspond to limits and sanctions, such as restrictions (e.g., definitions of potential conflicts of interest), administrative responsibilities, and disciplinary sanctions. All these integrity rules and measures are established by global regimes and implemented by both national systems and the global regimes themselves. Global regimes set standards and oversee the compliance of national systems with global integrity rules. At the same time, they are themselves subject to administrative constraints and diversified integrity controls. Global regimes therefore play a dual role, as both controllers and controlled. This raises some questions, including how the application of integrity rules and measures can be controlled, the differences between integrity controls related to national systems and those pertaining to global regimes, and how integrity controls can contribute to the development of global administrative law. All these come together in a central question of why these controls represent a new challenge in global administrative law.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox077
      Issue No: Vol. 15, No. 4 (2018)
  • Constitutions as communication
    • Authors: Prosser T.
      Pages: 1039 - 1065
      Abstract: A neglected function of constitutions is their role in facilitating communication. This is particularly important if one accepts the approach of constitutional pluralism, both at the international level and between plural constitutions at the national level. Communication may be between different types of constitutions or between legal and other forms of social systems such as the economy and politics. Theoretical support for this approach can be found in Habermas’s discursive theory of democracy, and also in recent developments in systems theory. The role of constitutional communication is here illustrated through four case studies drawn from economic management. The first two concern failures of communication through the use of balanced budget rules, and in the breakdown of institutional relations in the UK under the pressure of the financial crisis of 2008–2009. The other two identify successes; the German Federal Constitutional Court’s support for legislative deliberation in relation to eurozone rescue measures and the development of countervailing institutions linked by soft law in UK monetary and fiscal policy.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox085
      Issue No: Vol. 15, No. 4 (2018)
  • Federalism, rights, and backlash in Europe and the United States
    • Authors: Kleinlein T; Petkova B.
      Pages: 1066 - 1079
      Abstract: This article introduces the symposium “Federalism and Rights: Europe and the United States Compared.” In both the European Union and the United States, the struggle for rights and the resilience of (quasi-)federal structures is, once again, a burning issue. In Europe, the overall trajectory of the EU as a common project is also contested. As in the USA, struggles within the (quasi-)federal structure of the EU serve as the pursuit of political contestation through legal means. In federalism theory, neither the experimentation narrative nor the notion of “dissenting by deciding” tells us where to draw the line between fruitful experimentation, contestation, and struggle, on the one hand, and devastating backlash, on the other. With the looming rise of nationalist populist movements such as Brexit, but also the faltering democracies of Central and Eastern Europe, today the question becomes to what extent states and localities can still channel some of this new wave of backlash and counterbacklash facing both the EU and the United States. Comparative research that would help us to learn how to distinguish between productive and dangerous backlash is still at the very beginning. Yet the case studies in this symposium lay the groundwork for comparative answers to this very question.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox081
      Issue No: Vol. 15, No. 4 (2018)
  • The federalizing force of the EU Charter of Fundamental Rights
    • Authors: Torres Pérez A.
      Pages: 1080 - 1097
      Abstract: In the EU, fundamental rights are inextricably intertwined with the federal structure of such a uniquely divided power composite. This article examines the structure of fundamental rights’ protection and the continuous bargaining over the allocation of judicial tasks between domestic and EU courts regarding the interpretation and enforcement of fundamental rights. First, I will analyze the latest Court of Justice case law to show how, since the Charter of Fundamental Rights entered into force, it has had a centralizing effect. Next, I will reflect upon how the “nationalist school of federalism” developed in the US literature might provide valuable insights for an argument grounding supranational authority while acknowledging the contribution of state constitutions and state courts to the supranational system of rights’ protection. In the end, it will be argued that the growing self-empowerment of the Court of Justice in the field of fundamental rights needs to be tempered by an understanding of how state courts and rights could actually promote supranational ends in this context.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox075
      Issue No: Vol. 15, No. 4 (2018)
  • Marriage, morality, and federalism: The USA and Europe compared
    • Authors: Soucek B.
      Pages: 1098 - 1118
      Abstract: Same-sex marriage litigation, both in the USA and Europe, has often pitted rights against state autonomy, and religious and moral beliefs against equality norms. Where the US Supreme Court and the European Court of Human Rights have diverged most notably is in their willingness to consider moral arguments made by states opposed to same-sex marriage. Treating moral arguments as illegitimate, as the USA has done, paved the way for the nationalization of same-sex marriage in 2015. But doing so came at a cost: It allowed courts to sidestep the most important concerns voiced on both sides of the debate—not just opponents’ moral arguments but also gay rights advocates’ equality claims. Further, by refusing to hear the one thing that made states meaningfully different on the issue of marriage, courts made federalism largely irrelevant. Recent battles over same-sex marriage in Europe show how this dialog might have been—and could still be—conducted differently.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox074
      Issue No: Vol. 15, No. 4 (2018)
  • Fragmentation as an agent of integration: Subnational authorities in EU
    • Authors: Finck M.
      Pages: 1119 - 1134
      Abstract: This article draws on the theory of “federalism as the new nationalism” to illustrate that regulatory fragmentation is not necessarily synonymous with disintegration. Regulatory fragmentation can rather be conceptualized as a tool assisting European integration. Looking at the status of subnational authorities (SNAs) in EU law, the article identifies decisions of the Court of Justice of the European Union (CJEU) in free movement law that illustrate that SNAs can be conceived as valuable insiders, rather than threatening outsiders, of European law. This account, which indicates that SNAs’ contribution to European legal integration is in many ways analogous to that of the Member States, stands in contrast with the European Treaties that recognize only two levels of public authority as SNAs are seen as a predominantly domestic phenomenon of little relevance for the supranational project. My analysis underscores that SNAs and their norms do not exist in a sphere separate from that of EU law. It highlights diverse interactions between the subnational and the supranational and suggests that the influence of levels of public authority can best be captured by a paradigm of interconnection rather than separation. Indeed, contrary to commonplace assumptions, it is not actors’ formal status, anchored in notions such as independence, sovereignty, and autonomous competences but the manifold functional interactions between them that shape the polycentric Union. Through this functional lens we confirm what federalism scholars have observed in the USA, namely, that “decentralization can serve rather than undermine the project of integration.”
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox076
      Issue No: Vol. 15, No. 4 (2018)
  • Domesticating the “foreign” in making transatlantic data
           privacy law
    • Authors: Petkova B.
      Pages: 1135 - 1156
      Abstract: Research shows that in the data privacy domain, the regulation promoted by front-runner states in federated systems such as the United States or the European Union (EU) generates races to the top, not to the bottom. Institutional dynamics or the willingness of major interstate companies to work with a single standard generally creates opportunities for the federal lawmaker to level up privacy protection. This article uses federalism to explore whether a similar pattern of convergence (toward the higher regulatory standard) emerges when it comes to the international arena, or whether we witness a more nuanced picture. I focus on the interaction of the European Union with the United States, looking at the migration of legal ideas across the (member) state jurisdictions with a focus on breach notification statutes and privacy officers. The article further analyzes recent developments such as the invalidation of the Safe Harbor agreement and the adoption of a Privacy Shield. I argue that instead of a one-way street, usually conceptualized as the EU ratcheting up standards in the United States, the influences between the two blocs are mutual. Such influences are conditioned by the receptivity and ability of domestic actors in both the United States and the EU to translate, and often, adapt the “foreign” to their respective contexts. Instead of converging toward a uniform standard, the different points of entry in the two federated systems contribute to the continuous development of two models of regulating commercial privacy that, thus far, remain distinct.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox079
      Issue No: Vol. 15, No. 4 (2018)
  • Federalisms, rights, and autonomies: The United States, Germany, and the
    • Authors: Kleinlein T.
      Pages: 1157 - 1173
      Abstract: The aim of this article is to demonstrate that federal structure and rights, though commonly kept apart, should be studied in their interaction. This can be illustrated by a comparison of the American and German constitutional traditions. In both traditions, federalism and rights interact in a characteristic way. These examples suggest that federalism should be viewed neither exclusively as a holistic principle nor as an individualistic principle. Rather, the relationship between federal structure and rights reflects the interdependence of individual and democratic autonomies. In the European Union, awareness of the interaction between (quasi-)federal structure and rights can guide the Court of Justice of the European Union as a fundamental rights court. When applying EU fundamental rights to the Member States, the Court should exercise restraint. More precisely, a procedural approach to the margin of appreciation or the federalism discount granted by the Court is appropriate from a structural point of view. It not only is an adequate answer to current challenges of fundamental rights protection in the EU but also reflects the EU’s dual structure of democratic legitimation.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox078
      Issue No: Vol. 15, No. 4 (2018)
  • Substantive equality revisited: A rejoinder to Sandra Fredman
    • Authors: MacKinnon C.
      Pages: 1174 - 1177
      Abstract: This is the last piece in a dialogue begun by Sandra Fredman with her article, “Substantive Equality Revisited,”11 to which I submitted a requested response,22 and to which she replied with a Rejoinder.33
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox083
      Issue No: Vol. 15, No. 4 (2018)
  • The (dis)establishment of gender: Care and gender roles in the family as a
           constitutional matter: A reply to Ruth Rubio-Marín
    • Authors: Södersten A.
      Pages: 1178 - 1183
      Abstract: In her thoughtful article,11 Ruth Rubio-Marín sketches an overview of how a gender order was constitutionally established and how it can now be disestablished. Her focus is on “gender roles and the distribution of care responsibilities and work within the household.” It is a welcome contribution to the constitutional law literature. As she points out, the chapter on women as constitutional subjects is a missing chapter yet to be written.22 Indeed, one may wonder why this is so, as these issues have been long debated within other disciplines. There is a rather extensive literature in the field of economics and sociology on the impact of (and the reasons for introducing) parental leave measures.33
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox082
      Issue No: Vol. 15, No. 4 (2018)
  • The (dis)establishment of gender: Care and gender roles in the family as a
           constitutional matter: A rejoinder to Anna Södersten
    • Authors: Rubio-Marín R.
      Pages: 1184 - 1187
      Abstract: The focus of my article is, as the title indicates, constitutionalism.11 Yet, in her reply, Anna Södersten rightly suggests that constitutionalism must not necessarily play a role (or the same role) in the crafting and reform of gender models in every national jurisdiction. That is particularly the case, she maintains, for the Nordic countries, which have not afforded constitutionalism a central role within their democratic traditions; there, egalitarian visions of gender relations have been advanced through laws and policies, without constitutionalism significantly coming into play. I share her perception, and, in fact, I mention in the article that it is implausible to think that traditional gender roles around the distribution of care in the family domain can only or mainly be altered through constitutional instruments (be they provisions or doctrinal constructions; rights, duties, or jurisdictional norms).22 Instead, a combination of policies of redistributive dimensions (including those that rely not so much on impositions and sanctions but rather on economic incentives) might indeed be the most promising means for society to assume its share of collective responsibility for social reproduction.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox084
      Issue No: Vol. 15, No. 4 (2018)
  • Quotas as an instrument of burden-sharing in international refugee law:
           The many facets of an instrument still in the making
    • Authors: Hilpold P.
      Pages: 1188 - 1205
      Abstract: Starting with the year 2015 Europe has come under unprecedented migratory pressure that put into question the very structure of the Common European Asylum System (CEAS). In fact, according to the so-called Dublin regime the country of first entrance is responsible for carrying out the asylum procedure leaving it open how the burden that the granting of asylum involves should eventually be shared between the EU Member States. Both the 1951 United Nations Geneva Convention Relating to the Status of Refugees (GCR 1951) and the CEAS are built upon the implicit assumption that refugee protection should be of a temporary nature, but in reality protection has most often become permanent. In order to avoid excessive burdens for front-line states in Europe and for Europe as a whole, the call for the introduction of burden-sharing mechanisms is becoming ever louder. In this context, quota systems have been presented as ideal problem solution instruments. The European Union has tried to establish such mechanisms but so far all these attempts proved to be insufficient and they met with considerable resistance by some EU Member States. As a consequence, the insufficiencies of the GCR and the CEAS become evident and the international asylum system as a whole becomes imperiled.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox086
      Issue No: Vol. 15, No. 4 (2018)
  • Race in French “republican” law: The case of gens du voyage
           and Roma
    • Authors: Möschel M.
      Pages: 1206 - 1225
      Abstract: This article discusses the racial and racist dimensions of the legal framework regulating nomadic people(s) in France, who have become known as gens du voyage, which was introduced in 1912 and later modified and complemented by additional statutes and regulations. It goes on to analyze the fundamental rights challenges that have been brought against this framework at the internal and international human rights level. While certain violations of this framework have thus been addressed or eliminated over time, this article argues that the reluctance of the French legal system and, to a lesser extent, of the international human rights system to adopt race as an analytical category, has prevented the acknowledgement of the continued race discrimination to which these populations are exposed. This continues to pose a problem today, also with regard to the treatment of Roma in France to whom this framework also partly applies, despite the arguable elimination or invisibilization of an outright racism in the legal system.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox087
      Issue No: Vol. 15, No. 4 (2018)
  • Post Sovereign Constitution Making: Learning and Legitimacy
    • Authors: Mailey R.
      Pages: 1226 - 1231
      Abstract: AratoAndrew. Post Sovereign Constitution Making: Learning and LegitimacyOxford University Press, 2016. Pp. 320. £60. ISBN: 9780198755982.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox091
      Issue No: Vol. 15, No. 4 (2018)
  • What Is Populism'
    • Authors: González-Bertomeu J; Saffon M.
      Pages: 1231 - 1237
      Abstract: MüllerJan-Werner. What Is Populism'University of Pennsylvania Press, 2016. Pp. 136. $19.95. ISBN: 9780812248982.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox090
      Issue No: Vol. 15, No. 4 (2018)
  • Constitutionalism Beyond Liberalism
    • Authors: Parasher T.
      Pages: 1238 - 1242
      Abstract: DowdleMichael W. & WilkinsonMichael A., eds. Constitutionalism Beyond Liberalism. Cambridge University Press, 2017. Pp. 367367. £ 75.00. ISBN: 9781107112759.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox093
      Issue No: Vol. 15, No. 4 (2018)
  • Unconstitutional Constitutional Amendments
    • Authors: Wischmeyer T.
      Pages: 1242 - 1247
      Abstract: RoznaiYaniv. Unconstitutional Constitutional Amendments. Oxford University Press, 2017. Pp. 368. £60.00. ISBN: 9780198768791.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox094
      Issue No: Vol. 15, No. 4 (2018)
  • From Dialogue to Disagreement in Comparative Rights Constitutionalism
    • Authors: Geiringer C.
      Pages: 1247 - 1254
      Abstract: StephensonScott. From Dialogue to Disagreement in Comparative Rights Constitutionalism. Federation Press, 2016. Pp. 272. $90.00. ISBN: 9781760020675.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox089
      Issue No: Vol. 15, No. 4 (2018)
  • Sovereignty in Post-Sovereign Society: A Systems Theory of European
    • Authors: Meakin J.
      Pages: 1254 - 1257
      Abstract: PřibáňJiří. Sovereignty in Post-Sovereign Society: A Systems Theory of European Constitutionalism.Routledge, 2015. Pp. 262. £34.99 (paperback). ISBN-10: 1138701491.
      PubDate: Mon, 19 Feb 2018 00:00:00 GMT
      DOI: 10.1093/icon/mox092
      Issue No: Vol. 15, No. 4 (2018)
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