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Publisher: Oxford University Press   (Total: 406 journals)

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Showing 1 - 200 of 406 Journals sorted alphabetically
ACS Symposium Series     Full-text available via subscription   (SJR: 0.189, CiteScore: 0)
Acta Biochimica et Biophysica Sinica     Hybrid Journal   (Followers: 5, SJR: 0.79, CiteScore: 2)
Adaptation     Hybrid Journal   (Followers: 9, SJR: 0.143, CiteScore: 0)
Advances in Nutrition     Hybrid Journal   (Followers: 53, SJR: 2.196, CiteScore: 5)
Aesthetic Surgery J.     Hybrid Journal   (Followers: 6, SJR: 1.434, CiteScore: 1)
Aesthetic Surgery J. Open Forum     Open Access  
African Affairs     Hybrid Journal   (Followers: 66, SJR: 1.869, CiteScore: 2)
Age and Ageing     Hybrid Journal   (Followers: 90, SJR: 1.989, CiteScore: 4)
Alcohol and Alcoholism     Hybrid Journal   (Followers: 19, SJR: 1.376, CiteScore: 3)
American Entomologist     Full-text available via subscription   (Followers: 8)
American Historical Review     Hybrid Journal   (Followers: 169, SJR: 0.467, CiteScore: 1)
American J. of Agricultural Economics     Hybrid Journal   (Followers: 44, SJR: 2.113, CiteScore: 3)
American J. of Clinical Nutrition     Hybrid Journal   (Followers: 177, SJR: 3.438, CiteScore: 6)
American J. of Epidemiology     Hybrid Journal   (Followers: 197, SJR: 2.713, CiteScore: 3)
American J. of Health-System Pharmacy     Full-text available via subscription   (Followers: 52, SJR: 0.595, CiteScore: 1)
American J. of Hypertension     Hybrid Journal   (Followers: 25, SJR: 1.322, CiteScore: 3)
American J. of Jurisprudence     Hybrid Journal   (Followers: 19, SJR: 0.281, CiteScore: 1)
American J. of Legal History     Full-text available via subscription   (Followers: 9, SJR: 0.116, CiteScore: 0)
American Law and Economics Review     Hybrid Journal   (Followers: 27, SJR: 1.053, CiteScore: 1)
American Literary History     Hybrid Journal   (Followers: 16, SJR: 0.391, CiteScore: 0)
Analysis     Hybrid Journal   (Followers: 22, SJR: 1.038, CiteScore: 1)
Animal Frontiers     Hybrid Journal   (Followers: 1)
Annals of Behavioral Medicine     Hybrid Journal   (Followers: 16, SJR: 1.423, CiteScore: 3)
Annals of Botany     Hybrid Journal   (Followers: 38, SJR: 1.721, CiteScore: 4)
Annals of Oncology     Hybrid Journal   (Followers: 56, SJR: 5.599, CiteScore: 9)
Annals of the Entomological Society of America     Full-text available via subscription   (Followers: 10, SJR: 0.722, CiteScore: 1)
Annals of Work Exposures and Health     Hybrid Journal   (Followers: 34, SJR: 0.728, CiteScore: 2)
Antibody Therapeutics     Open Access  
AoB Plants     Open Access   (Followers: 4, SJR: 1.28, CiteScore: 3)
Applied Economic Perspectives and Policy     Hybrid Journal   (Followers: 17, SJR: 0.858, CiteScore: 2)
Applied Linguistics     Hybrid Journal   (Followers: 59, SJR: 2.987, CiteScore: 3)
Applied Mathematics Research eXpress     Hybrid Journal   (Followers: 1, SJR: 1.241, CiteScore: 1)
Arbitration Intl.     Full-text available via subscription   (Followers: 21)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Archives of Clinical Neuropsychology     Hybrid Journal   (Followers: 30, SJR: 0.731, CiteScore: 2)
Aristotelian Society Supplementary Volume     Hybrid Journal   (Followers: 3)
Arthropod Management Tests     Hybrid Journal   (Followers: 2)
Astronomy & Geophysics     Hybrid Journal   (Followers: 44, SJR: 0.146, CiteScore: 0)
Behavioral Ecology     Hybrid Journal   (Followers: 52, SJR: 1.871, CiteScore: 3)
Bioinformatics     Hybrid Journal   (Followers: 337, SJR: 6.14, CiteScore: 8)
Biology Methods and Protocols     Hybrid Journal  
Biology of Reproduction     Full-text available via subscription   (Followers: 9, SJR: 1.446, CiteScore: 3)
Biometrika     Hybrid Journal   (Followers: 20, SJR: 3.485, CiteScore: 2)
BioScience     Hybrid Journal   (Followers: 29, SJR: 2.754, CiteScore: 4)
Bioscience Horizons : The National Undergraduate Research J.     Open Access   (Followers: 1, SJR: 0.146, CiteScore: 0)
Biostatistics     Hybrid Journal   (Followers: 17, SJR: 1.553, CiteScore: 2)
BJA : British J. of Anaesthesia     Hybrid Journal   (Followers: 186, SJR: 2.115, CiteScore: 3)
BJA Education     Hybrid Journal   (Followers: 65)
Brain     Hybrid Journal   (Followers: 68, SJR: 5.858, CiteScore: 7)
Briefings in Bioinformatics     Hybrid Journal   (Followers: 50, SJR: 2.505, CiteScore: 5)
Briefings in Functional Genomics     Hybrid Journal   (Followers: 3, SJR: 2.15, CiteScore: 3)
British J. for the Philosophy of Science     Hybrid Journal   (Followers: 36, SJR: 2.161, CiteScore: 2)
British J. of Aesthetics     Hybrid Journal   (Followers: 25, SJR: 0.508, CiteScore: 1)
British J. of Criminology     Hybrid Journal   (Followers: 604, SJR: 1.828, CiteScore: 3)
British J. of Social Work     Hybrid Journal   (Followers: 86, SJR: 1.019, CiteScore: 2)
British Medical Bulletin     Hybrid Journal   (Followers: 6, SJR: 1.355, CiteScore: 3)
British Yearbook of Intl. Law     Hybrid Journal   (Followers: 34)
Bulletin of the London Mathematical Society     Hybrid Journal   (Followers: 4, SJR: 1.376, CiteScore: 1)
Cambridge J. of Economics     Hybrid Journal   (Followers: 70, SJR: 0.764, CiteScore: 2)
Cambridge J. of Regions, Economy and Society     Hybrid Journal   (Followers: 12, SJR: 2.438, CiteScore: 4)
Cambridge Quarterly     Hybrid Journal   (Followers: 10, SJR: 0.104, CiteScore: 0)
Capital Markets Law J.     Hybrid Journal   (Followers: 2, SJR: 0.222, CiteScore: 0)
Carcinogenesis     Hybrid Journal   (Followers: 2, SJR: 2.135, CiteScore: 5)
Cardiovascular Research     Hybrid Journal   (Followers: 14, SJR: 3.002, CiteScore: 5)
Cerebral Cortex     Hybrid Journal   (Followers: 48, SJR: 3.892, CiteScore: 6)
CESifo Economic Studies     Hybrid Journal   (Followers: 22, SJR: 0.483, CiteScore: 1)
Chemical Senses     Hybrid Journal   (Followers: 1, SJR: 1.42, CiteScore: 3)
Children and Schools     Hybrid Journal   (Followers: 6, SJR: 0.246, CiteScore: 0)
Chinese J. of Comparative Law     Hybrid Journal   (Followers: 5, SJR: 0.412, CiteScore: 0)
Chinese J. of Intl. Law     Hybrid Journal   (Followers: 22, SJR: 0.329, CiteScore: 0)
Chinese J. of Intl. Politics     Hybrid Journal   (Followers: 10, SJR: 1.392, CiteScore: 2)
Christian Bioethics: Non-Ecumenical Studies in Medical Morality     Hybrid Journal   (Followers: 10, SJR: 0.183, CiteScore: 0)
Classical Receptions J.     Hybrid Journal   (Followers: 27, SJR: 0.123, CiteScore: 0)
Clean Energy     Open Access   (Followers: 1)
Clinical Infectious Diseases     Hybrid Journal   (Followers: 69, SJR: 5.051, CiteScore: 5)
Communication Theory     Hybrid Journal   (Followers: 24, SJR: 2.424, CiteScore: 3)
Communication, Culture & Critique     Hybrid Journal   (Followers: 27, SJR: 0.222, CiteScore: 1)
Community Development J.     Hybrid Journal   (Followers: 27, SJR: 0.268, CiteScore: 1)
Computer J.     Hybrid Journal   (Followers: 9, SJR: 0.319, CiteScore: 1)
Conservation Physiology     Open Access   (Followers: 3, SJR: 1.818, CiteScore: 3)
Contemporary Women's Writing     Hybrid Journal   (Followers: 9, SJR: 0.121, CiteScore: 0)
Contributions to Political Economy     Hybrid Journal   (Followers: 6, SJR: 0.906, CiteScore: 1)
Critical Values     Full-text available via subscription  
Current Developments in Nutrition     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Current Zoology     Full-text available via subscription   (Followers: 3, SJR: 1.164, CiteScore: 2)
Database : The J. of Biological Databases and Curation     Open Access   (Followers: 9, SJR: 1.791, CiteScore: 3)
Digital Scholarship in the Humanities     Hybrid Journal   (Followers: 14, SJR: 0.259, CiteScore: 1)
Diplomatic History     Hybrid Journal   (Followers: 21, SJR: 0.45, CiteScore: 1)
DNA Research     Open Access   (Followers: 5, SJR: 2.866, CiteScore: 6)
Dynamics and Statistics of the Climate System     Open Access   (Followers: 4)
Early Music     Hybrid Journal   (Followers: 17, SJR: 0.139, CiteScore: 0)
Econometrics J.     Hybrid Journal   (Followers: 32, SJR: 2.926, CiteScore: 1)
Economic J.     Hybrid Journal   (Followers: 113, SJR: 5.161, CiteScore: 3)
Economic Policy     Hybrid Journal   (Followers: 46, SJR: 3.584, CiteScore: 3)
ELT J.     Hybrid Journal   (Followers: 24, SJR: 0.942, CiteScore: 1)
English Historical Review     Hybrid Journal   (Followers: 56, SJR: 0.612, CiteScore: 1)
English: J. of the English Association     Hybrid Journal   (Followers: 17, SJR: 0.1, CiteScore: 0)
Environmental Entomology     Full-text available via subscription   (Followers: 11, SJR: 0.818, CiteScore: 2)
Environmental Epigenetics     Open Access   (Followers: 2)
Environmental History     Hybrid Journal   (Followers: 26, SJR: 0.408, CiteScore: 1)
EP-Europace     Hybrid Journal   (Followers: 3, SJR: 2.748, CiteScore: 4)
Epidemiologic Reviews     Hybrid Journal   (Followers: 9, SJR: 4.505, CiteScore: 8)
ESHRE Monographs     Hybrid Journal  
Essays in Criticism     Hybrid Journal   (Followers: 19, SJR: 0.113, CiteScore: 0)
European Heart J.     Hybrid Journal   (Followers: 66, SJR: 9.315, CiteScore: 9)
European Heart J. - Cardiovascular Imaging     Hybrid Journal   (Followers: 10, SJR: 3.625, CiteScore: 3)
European Heart J. - Cardiovascular Pharmacotherapy     Full-text available via subscription   (Followers: 2)
European Heart J. - Quality of Care and Clinical Outcomes     Hybrid Journal  
European Heart J. : Case Reports     Open Access  
European Heart J. Supplements     Hybrid Journal   (Followers: 8, SJR: 0.223, CiteScore: 0)
European J. of Cardio-Thoracic Surgery     Hybrid Journal   (Followers: 9, SJR: 1.681, CiteScore: 2)
European J. of Intl. Law     Hybrid Journal   (Followers: 201, SJR: 0.694, CiteScore: 1)
European J. of Orthodontics     Hybrid Journal   (Followers: 5, SJR: 1.279, CiteScore: 2)
European J. of Public Health     Hybrid Journal   (Followers: 20, SJR: 1.36, CiteScore: 2)
European Review of Agricultural Economics     Hybrid Journal   (Followers: 10, SJR: 1.172, CiteScore: 2)
European Review of Economic History     Hybrid Journal   (Followers: 30, SJR: 0.702, CiteScore: 1)
European Sociological Review     Hybrid Journal   (Followers: 43, SJR: 2.728, CiteScore: 3)
Evolution, Medicine, and Public Health     Open Access   (Followers: 12)
Family Practice     Hybrid Journal   (Followers: 16, SJR: 1.018, CiteScore: 2)
Fems Microbiology Ecology     Hybrid Journal   (Followers: 16, SJR: 1.492, CiteScore: 4)
Fems Microbiology Letters     Hybrid Journal   (Followers: 28, SJR: 0.79, CiteScore: 2)
Fems Microbiology Reviews     Hybrid Journal   (Followers: 32, SJR: 7.063, CiteScore: 13)
Fems Yeast Research     Hybrid Journal   (Followers: 13, SJR: 1.308, CiteScore: 3)
Food Quality and Safety     Open Access   (Followers: 1)
Foreign Policy Analysis     Hybrid Journal   (Followers: 24, SJR: 1.425, CiteScore: 1)
Forest Science     Hybrid Journal   (Followers: 8, SJR: 0.89, CiteScore: 2)
Forestry: An Intl. J. of Forest Research     Hybrid Journal   (Followers: 16, SJR: 1.133, CiteScore: 3)
Forum for Modern Language Studies     Hybrid Journal   (Followers: 6, SJR: 0.104, CiteScore: 0)
French History     Hybrid Journal   (Followers: 33, SJR: 0.118, CiteScore: 0)
French Studies     Hybrid Journal   (Followers: 21, SJR: 0.148, CiteScore: 0)
French Studies Bulletin     Hybrid Journal   (Followers: 10, SJR: 0.152, CiteScore: 0)
Gastroenterology Report     Open Access   (Followers: 2)
Genome Biology and Evolution     Open Access   (Followers: 16, SJR: 2.578, CiteScore: 4)
Geophysical J. Intl.     Hybrid Journal   (Followers: 39, SJR: 1.506, CiteScore: 3)
German History     Hybrid Journal   (Followers: 23, SJR: 0.161, CiteScore: 0)
GigaScience     Open Access   (Followers: 5, SJR: 5.022, CiteScore: 7)
Global Summitry     Hybrid Journal   (Followers: 1)
Glycobiology     Hybrid Journal   (Followers: 13, SJR: 1.493, CiteScore: 3)
Health and Social Work     Hybrid Journal   (Followers: 57, SJR: 0.388, CiteScore: 1)
Health Education Research     Hybrid Journal   (Followers: 16, SJR: 0.854, CiteScore: 2)
Health Policy and Planning     Hybrid Journal   (Followers: 24, SJR: 1.512, CiteScore: 2)
Health Promotion Intl.     Hybrid Journal   (Followers: 22, SJR: 0.812, CiteScore: 2)
History Workshop J.     Hybrid Journal   (Followers: 33, SJR: 1.278, CiteScore: 1)
Holocaust and Genocide Studies     Hybrid Journal   (Followers: 28, SJR: 0.105, CiteScore: 0)
Human Communication Research     Hybrid Journal   (Followers: 15, SJR: 2.146, CiteScore: 3)
Human Molecular Genetics     Hybrid Journal   (Followers: 9, SJR: 3.555, CiteScore: 5)
Human Reproduction     Hybrid Journal   (Followers: 72, SJR: 2.643, CiteScore: 5)
Human Reproduction Open     Open Access   (Followers: 1)
Human Reproduction Update     Hybrid Journal   (Followers: 20, SJR: 5.317, CiteScore: 10)
Human Rights Law Review     Hybrid Journal   (Followers: 62, SJR: 0.756, CiteScore: 1)
ICES J. of Marine Science: J. du Conseil     Hybrid Journal   (Followers: 58, SJR: 1.591, CiteScore: 3)
ICSID Review : Foreign Investment Law J.     Hybrid Journal   (Followers: 10)
ILAR J.     Hybrid Journal   (Followers: 2, SJR: 1.732, CiteScore: 4)
IMA J. of Applied Mathematics     Hybrid Journal   (SJR: 0.679, CiteScore: 1)
IMA J. of Management Mathematics     Hybrid Journal   (SJR: 0.538, CiteScore: 1)
IMA J. of Mathematical Control and Information     Hybrid Journal   (Followers: 2, SJR: 0.496, CiteScore: 1)
IMA J. of Numerical Analysis - advance access     Hybrid Journal   (SJR: 1.987, CiteScore: 2)
Industrial and Corporate Change     Hybrid Journal   (Followers: 9, SJR: 1.792, CiteScore: 2)
Industrial Law J.     Hybrid Journal   (Followers: 39, SJR: 0.249, CiteScore: 1)
Inflammatory Bowel Diseases     Hybrid Journal   (Followers: 47, SJR: 2.511, CiteScore: 4)
Information and Inference     Free  
Innovation in Aging     Open Access  
Integrative and Comparative Biology     Hybrid Journal   (Followers: 9, SJR: 1.319, CiteScore: 2)
Integrative Biology     Full-text available via subscription   (Followers: 6, SJR: 1.36, CiteScore: 3)
Integrative Organismal Biology     Open Access  
Interacting with Computers     Hybrid Journal   (Followers: 11, SJR: 0.292, CiteScore: 1)
Interactive CardioVascular and Thoracic Surgery     Hybrid Journal   (Followers: 7, SJR: 0.762, CiteScore: 1)
Intl. Affairs     Hybrid Journal   (Followers: 66, SJR: 1.505, CiteScore: 3)
Intl. Data Privacy Law     Hybrid Journal   (Followers: 26)
Intl. Health     Hybrid Journal   (Followers: 6, SJR: 0.851, CiteScore: 2)
Intl. Immunology     Hybrid Journal   (Followers: 3, SJR: 2.167, CiteScore: 4)
Intl. J. for Quality in Health Care     Hybrid Journal   (Followers: 36, SJR: 1.348, CiteScore: 2)
Intl. J. of Constitutional Law     Hybrid Journal   (Followers: 64, SJR: 0.601, CiteScore: 1)
Intl. J. of Epidemiology     Hybrid Journal   (Followers: 246, SJR: 3.969, CiteScore: 5)
Intl. J. of Law and Information Technology     Hybrid Journal   (Followers: 5, SJR: 0.202, CiteScore: 1)
Intl. J. of Law, Policy and the Family     Hybrid Journal   (Followers: 28, SJR: 0.223, CiteScore: 1)
Intl. J. of Lexicography     Hybrid Journal   (Followers: 10, SJR: 0.285, CiteScore: 1)
Intl. J. of Low-Carbon Technologies     Open Access   (Followers: 1, SJR: 0.403, CiteScore: 1)
Intl. J. of Neuropsychopharmacology     Open Access   (Followers: 3, SJR: 1.808, CiteScore: 4)
Intl. J. of Public Opinion Research     Hybrid Journal   (Followers: 11, SJR: 1.545, CiteScore: 1)
Intl. J. of Refugee Law     Hybrid Journal   (Followers: 38, SJR: 0.389, CiteScore: 1)
Intl. J. of Transitional Justice     Hybrid Journal   (Followers: 11, SJR: 0.724, CiteScore: 2)
Intl. Mathematics Research Notices     Hybrid Journal   (Followers: 1, SJR: 2.168, CiteScore: 1)
Intl. Political Sociology     Hybrid Journal   (Followers: 40, SJR: 1.465, CiteScore: 3)
Intl. Relations of the Asia-Pacific     Hybrid Journal   (Followers: 23, SJR: 0.401, CiteScore: 1)
Intl. Studies Perspectives     Hybrid Journal   (Followers: 9, SJR: 0.983, CiteScore: 1)
Intl. Studies Quarterly     Hybrid Journal   (Followers: 49, SJR: 2.581, CiteScore: 2)
Intl. Studies Review     Hybrid Journal   (Followers: 25, SJR: 1.201, CiteScore: 1)
ISLE: Interdisciplinary Studies in Literature and Environment     Hybrid Journal   (Followers: 2, SJR: 0.15, CiteScore: 0)
ITNOW     Hybrid Journal   (Followers: 1, SJR: 0.103, CiteScore: 0)
J. of African Economies     Hybrid Journal   (Followers: 17, SJR: 0.533, CiteScore: 1)
J. of American History     Hybrid Journal   (Followers: 46, SJR: 0.297, CiteScore: 1)
J. of Analytical Toxicology     Hybrid Journal   (Followers: 14, SJR: 1.065, CiteScore: 2)
J. of Antimicrobial Chemotherapy     Hybrid Journal   (Followers: 15, SJR: 2.419, CiteScore: 4)
J. of Antitrust Enforcement     Hybrid Journal   (Followers: 1)
J. of Applied Poultry Research     Hybrid Journal   (Followers: 5, SJR: 0.585, CiteScore: 1)
J. of Biochemistry     Hybrid Journal   (Followers: 41, SJR: 1.226, CiteScore: 2)
J. of Breast Imaging     Full-text available via subscription  
J. of Burn Care & Research     Hybrid Journal   (Followers: 10, SJR: 0.768, CiteScore: 2)

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Similar Journals
Journal Cover
International Journal of Constitutional Law
Journal Prestige (SJR): 0.601
Citation Impact (citeScore): 1
Number of Followers: 64  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1474-2640 - ISSN (Online) 1474-2659
Published by Oxford University Press Homepage  [406 journals]
  • Editorial
    • Authors: Dixon R , .
      Pages: 1049 - 1070
      Abstract: We invited Rosalind Dixon, member of the I·CON Editorial Board and Co-President of ICON·S to write a Guest Editorial.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy111
      Issue No: Vol. 16, No. 4 (2019)
       
  • Honor Roll of Reviewers 2018
    • Pages: 1071 - 1072
      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, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy113
      Issue No: Vol. 16, No. 4 (2019)
       
  • The population and the individual: The human rights audit as the
           governmentalization of global human rights governance
    • Authors: McGrogan D.
      Pages: 1073 - 1100
      Abstract: Human rights are increasingly the justification and rationale for techniques of measurement, verification, assessment, monitoring, and review. These different forms of auditing operate across fields and engage many different actors—states, international organizations, and multinational firms—as both subjects and auditors alike. It is, then, plausible to describe the global governance of human rights as becoming increasingly characterized by a culture of auditing. This article argues that this tendency is the result of certain systemic characteristics which produce what Foucault describes as governmental rationalities or “governmentality”: attempts to conduct the conduct of actors who are ostensibly autonomous, through programmatic manipulation of conditions. Human rights auditing, in other words, is a governmental technique that arises almost inevitably from the structure of the international human rights system. The article argues that the governmentalization of global human rights governance that results from the proliferation of auditing has the effect of producing what Foucault described as the “fundamental caesura” between individual and population. The individual diminishes as a source of concern and certainly as an active agent, and is replaced by a primary focus among the powerful on monitoring, measuring, and manipulating the population for benign ends. This has the effect of denuding human rights of the radical potential they possess.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy086
      Issue No: Vol. 16, No. 4 (2019)
       
  • The impact of judicial preferences and political context on Constitutional
           Court decisions: Evidence from Turkey
    • Authors: Aydin-Cakir A.
      Pages: 1101 - 1120
      Abstract: Many scholars have asserted that in countries where one political party dominates the political sphere, the likelihood of judges deciding against the government diminishes. Although the underlying logic of this argument is quite appealing, it does not explain why in certain cases judges ignore possible political retaliation and give anti-government decisions. Arguing that judicial preferences and the political context under which judges operate are in constant interaction, the goal of this article is to explain whether, and to what extent, the judges’ preferences moderate the impact of political fragmentation on the court’s invalidation of laws. The study uses an original data set including all decisions made by the Turkish Constitutional Court between 1984 and 2010. The empirical findings show that while the court’s political preferences vastly attenuate the impact of the political context on judicial behavior, its legal preferences have a trivial moderating effect. To put it more specifically, the results show that the effect of political fragmentation on judicial behavior highly decreases when there is a weak political alignment between the court and the government enacting the law under review. Moreover, the findings show that even under favorable political conditions for assertive behavior, the judges abstain from annulling laws based on individual rights violations.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy087
      Issue No: Vol. 16, No. 4 (2019)
       
  • Measuring popular and judicial deliberation: A critical comparison
    • Authors: Bello Hutt D.
      Pages: 1121 - 1147
      Abstract: This article compares instruments designed to measure deliberation in judicial and non-judicial settings. I thus provide a critical examination of different mechanisms deliberative democrats have designed to test what transpires when individuals deliberate from the perspective of ordinary citizens vis-à-vis the point of view of judges. From this appraisal, I conclude, first, that an examination of the literature on deliberation measurement brings to light several problems in the process of translating ideal deliberative theory into empirical evaluative schemes. Second, by relying on a critical examination of Conrado Hübner Mendes’s work on deliberation in constitutional courts, I argue that that those difficulties become starker when we try to assess the quality of judicial deliberation, given that our access to the courtroom is limited by the very structure of judicial procedures. Third, I argue that these two problems combined entail that idealizations of the courtroom as the forum in which ideal aspects of deliberative democracy are instantiated, are misguided, and should be avoided.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy085
      Issue No: Vol. 16, No. 4 (2019)
       
  • Law, polity and the legacy of statehood: An introduction
    • Authors: Walker N; Mac Amhlaigh C, Michelon C.
      Pages: 1148 - 1155
      Abstract: This article introduces the Symposium on Law, Polity, and the Legacy of Statehood. The general aim of the Symposium is to identify and interrogate key background assumptions that shape contemporary debate and controversy over the relationship between legal normativity and political architecture. In particular, we seek to shed light upon the different suppositions and conjectures that inform analysis of the place of law as a source of institutional design and form of cultural expression within a state-centered framework in an age in which the position of the state within the global configuration is undergoing significant change. In so doing, we focus on three sets of factors which challenge the continuing centrality of the state-law paradigm within our governance architecture. These are the development of new forms of polity nesting within and beyond the state, the extension of transnational policy domain specialization, and the disembedding of certain frameworks of legal normativity from any and all polity settings.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy089
      Issue No: Vol. 16, No. 4 (2019)
       
  • The state: Conditio sine qua non
    • Authors: Loughlin M.
      Pages: 1156 - 1163
      Abstract: The legal idea of the state is commonly misunderstood. In this note, the nature of the concept is explained and its significance for modern legal thought presented. Drawing on the distinction between sovereign and sovereignty, it is argued that the state—an idea that links territory, authority and people in an intelligible scheme—is the foundational concept that enables lawyers coherently to engage with the issue of political authority.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy090
      Issue No: Vol. 16, No. 4 (2019)
       
  • Whose voluntas, what ratio' Law in the state tradition
    • Authors: Tuori K.
      Pages: 1164 - 1175
      Abstract: Post-national developments have questioned the dominance of state will and lead to an increasing separation of the institutional locus of legal voluntarism and coercion. However, this article discusses “state tradition” as a legal mind-set; as an ingrained approach to law, which may linger in our legal Vorverständnis long after post-national developments have challenged its seemingly self-evident premises. The article examines the Kelsenian and the Hartian variants of legal positivism as theoretical expressions of this tradition. The article also argues that state tradition has been, and still is, much more powerful in public than private law. Finally, it is suggested that although the state tradition is unable to chart the post-national lawscape, it may still be of use in the construction of an ideal-typical general concept of law which we need when embarking on an examination of a legal world inhabited by instances of not only state law but non-state law as well.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy093
      Issue No: Vol. 16, No. 4 (2019)
       
  • Law and political domination: Historical observations, conceptual
           reflections, and some questions for discussion
    • Authors: Jansen N.
      Pages: 1176 - 1185
      Abstract: This article, in a first step, traces the complex relationship of the law and jurists on the one hand and of political domination and political leaders on the other. It shows that the law historically developed in a significant distance to political domination; and that the shift in perspective of lawyers from traditional informal authorities to the state’s new codifications cannot convincingly be explained as a natural consequence of the codification but must be analyzed from the point of view of the legal system. In a second step, the article shows that the idea that the state was the foundation of the legal system and that the law should be based on legislation was developed not by jurists but rather by sixteenth- and seventeenth-century political theorists. This idea was strongly influenced by the experiences of religious controversy and civil wars. The article concludes with a number of questions based on those observations. Those questions are meant to stimulate future research on the complex relationship of the law, the state, and polities.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy097
      Issue No: Vol. 16, No. 4 (2019)
       
  • On misunderstanding states: The transnational constitution in the national
           constitution
    • Authors: Thornhill C.
      Pages: 1186 - 1198
      Abstract: This article outlines a theory of statehood which rejects the commonplace notion, strongly influenced by Carl Schmitt, that sovereign statehood is in a process of decline, owing largely to the growing power of international norm setters. It argues that this view results from a simplified construction of statehood, which misinterprets both the historical and the functional formation of state institutions. As an alternative, it explains how modern society is marked by a dramatic growth in the power of states, and that most contemporary states possess greater effective sovereignty than their historical predecessors. It argues that, paradoxically, the rising sovereignty of states is attributable to factors that are usually seen as restricting the power of states; in particular, national states factually presuppose international norms for their effective exercise of sovereign power.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy095
      Issue No: Vol. 16, No. 4 (2019)
       
  • Federation and empire: About a conceptual distinction of political forms
    • Authors: Beaud O.
      Pages: 1199 - 1206
      Abstract: This article seeks to demonstrate that the modern nation state is by no means an unrivaled polity type, nor one that even supplies the template for other polity types. Rather the sovereign state, with its distinctively unitarian legal form has developed alongside and in complex interaction with federation and empire—two polity types that for all their differences share a more pluralistic internal logic. Both are unions of states, of very different nature. Federations are based on the consent of states whereas empires are grounded on force and conquest, where the center dominates the dependencies or peripheries. Paradoxically, an empire allows more diversity inside its sphere of domination whereas a federation requires more homogeneity between its member states. This rather theoretical pattern is able, nevertheless, to enlighten some contemporary discussions, especially on the European Union.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy103
      Issue No: Vol. 16, No. 4 (2019)
       
  • The state’s unabandoned claim to be the center of the legal universe
    • Authors: Fassbender B.
      Pages: 1207 - 1214
      Abstract: Since the period following World War I, the science of international law has endeavored to “relativize” the importance and role of the “sovereign state” in international law, understanding the state as a partial legal order in the framework of a universal legal order. However, until today positive international law hardly reflects that transformation. Instead, it has perpetuated the centrality of the sovereign state in the world of law. The present article points to a number of features concerning the legal relationships between that state and other legal communities, both subnational and supranational, in which the continued central role of the state is manifesting itself. The article concludes by reflecting on possible reasons accounting for the center stage still assumed by the sovereign state, in spite of developments like the expansion of the scope of international law or the growth of international institutions.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy098
      Issue No: Vol. 16, No. 4 (2019)
       
  • Polities and relative authorities
    • Authors: Roughan N.
      Pages: 1215 - 1222
      Abstract: Some of the most important challenges to connections between law and polity arise from pluralist phenomena of overlapping and interacting polities. This article argues that institutionalist theories of plurality and pluralism run out when their jurisdictional and doctrinal solutions lead one legal system to wield unjustifiable de facto control over the interaction of laws—and/or the domain in which the interaction occurs. In contexts where law’s normativity itself is at stake in divided polities, institutional solutions, even pluralist ones, do not determine how law can be normative at all. Instead, an account of “relative” authority, and the conditions of its legitimacy, requires authorities themselves to relate with one another in ways that might realize their procedural and substantive values for their subjects. This requires, however, that attention be placed not only on the role of authority (and not simply the abstract notion of authority as a legitimate power) but also upon the precise requirements upon those officials who claim authority over subjects in these divided, overlapping, or interacting polities.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy091
      Issue No: Vol. 16, No. 4 (2019)
       
  • Law and polity: Contingency, fiction, loss
    • Authors: Krisch N.
      Pages: 1223 - 1231
      Abstract: We often conceive of law and polity as closely linked: law appears as an expression of the customs, values, and choices of a given polity. As a result, many of the transnational normative structures in today’s globalized world appear suspicious—detached from any meaningful polity, they seem to fall short of a core promise of legality. But, as this article argues, the image of a law–polity nexus is mistaken, or at least only part of a broader picture. Historically, law has often followed authority, not polity, and in many cases it has been detached from the societies it was supposed to govern. Even for the law of the modern state, the nexus of law and polity is often fictitious. Through notions such as that of constituent power, we construe an imagery of agency which, for most polities, hardly corresponds with real political processes. The link with a polity may be important for the legitimation of law, but it is often tenuous, and we may not lose that much if we conceive of “law” in broader terms.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy096
      Issue No: Vol. 16, No. 4 (2019)
       
  • Counterproductive constitutionalization
    • Authors: MacDonald E.
      Pages: 1232 - 1241
      Abstract: This article focuses on the tension between the “institutional” and “normative” dimensions of the constitutionalization of global governance institutions. It is commonly acknowledged that, under certain circumstances, developments that are plausibly “constitutional” from an institutional perspective might actually be counterproductive when viewed normatively; that is, they might lead to a decrease, rather than an increase, of the legitimacy of the governance institution in question. This article seeks to offer an account of why this might be the case. The article begins by setting out a definition of legitimacy, which takes as basic the notion of legitimate action, and then distinguishes between two quite distinct roles that consent can play in the legitimacy calculus. This definition then ties this back to constitutionalism in global governance, and sketches certain—necessarily somewhat speculatively—implications of this for the potential of “constitutionalism” to improve the legitimacy of global governance institutions.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy102
      Issue No: Vol. 16, No. 4 (2019)
       
  • Law and polity: Some philosophical preliminaries
    • Authors: Letsas G.
      Pages: 1242 - 1250
      Abstract: There are many possible connections between law and polity, some of which are trivial and some which are philosophically contested. The article distinguishes different ways in which there might be a necessary connection between law and polity and offers an account of the concept of polity. In its most abstract sense, a polity can be understood as a community of people, which has a governance structure that members identify with, and which is governed by extensive demands of social justice. The article then moves on to discuss the strongest sense in which there might be a necessary normative connection between law and polity: the idea that the legitimacy of law depends on the existence of a genuine polity, one that possesses certain morally valuable characteristics. It argues that such a strong connection between law and polity faces a challenge: it is either under-inclusive, failing to capture much of contemporary international law, or stretches the notion of a polity to breaking point.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy094
      Issue No: Vol. 16, No. 4 (2019)
       
  • Criminal law and political community
    • Authors: Duff R.
      Pages: 1251 - 1257
      Abstract: Domestic criminal law is the law of a particular political community; it speaks in the voice of that community, about wrongs that count as “public” wrongs in the context of that community’s civic life. However, can we understand international criminal law in similar terms, as the law of a specifiable political community' We cannot plausibly talk of “humanity” as a political community whose law international criminal law could be, but if we instead, and more plausibly, talk of the “community of nations,” it is not clear what it would mean to portray international criminal law as the law of that community. It might be argued that this just shows it to be a mistake to try to connect criminal law to political community in this way: in response to that kind of criticism, I explore two ways in which we can try to explain the normative force of international criminal law in terms of an idea (or ideal) of political community.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy101
      Issue No: Vol. 16, No. 4 (2019)
       
  • Perspectives of the law and legal disembedding
    • Authors: Wendehorst C.
      Pages: 1258 - 1266
      Abstract: In this article, I introduce a model of the interaction between individual protagonists such as judges, professors, or lawmakers, and the law, which has at its core the assumption that such interaction may normally be analyzed as taking one of four perspectives toward legal standards: the internal perspective, the external perspective, the sovereign perspective and the subordinate perspective. Reasoning from the internal perspective relies on the state or a similar polity setting to a considerable extent. By contrast, patterns of legal reasoning from some other perspectives do not intrinsically relate to the state or to any similar polity setting and work just as well in a transnational, global, or other setting. Legal disembedding may lead to a situation in which patterns of legal reasoning from the internal perspective need to be replaced. Protagonists engaging with the law, such as judges, lawyers, professors, or legislators, can substitute elements of the internal perspective by functionally equivalent elements of other perspectives, and they can, merely by switching rapidly between the different perspectives in streams of legal interaction, generate, identify, and deal with legal standards more or less independently of a polity framework.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy092
      Issue No: Vol. 16, No. 4 (2019)
       
  • The case against the face-veil: A European perspective
    • Authors: Mechoulan S.
      Pages: 1267 - 1292
      Abstract: In 2010, France banned the wearing of face-veils in public. Anglo-liberal scholars criticized the move vehemently. France succeeded in confusing the European Court of Human Rights into accepting the proposition that the visibility of the face is key to the so-called vivre ensemble. However, such arguments steer our attention toward the material implication of the practice of veiling while obscuring the genuine driver behind the prohibition, i.e. the metaphysical harm caused by publicly displaying an ideology supporting a competing vision of the good. This is corroborated by those attempts to ban the burkini in the summer of 2016 in some French municipalities. The surge of face-veil bans and condemnations of the practice of face-veiling across Europe underscore the existence of a common sensitive nerve: the face-veil appears to defy the minimal amount of cohesiveness necessary for the preservation of collective identity within European culture. In turn, this article provides a legal articulation for the ban that does not need the tenets of French republicanism as support. Drawing from anthropology, sociology, and political philosophy, I elucidate how, in this haphazard concept of vivre ensemble, one must read in a legitimate injunction to abide by the tacit, unbending rules of membership inherent to a national community.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy099
      Issue No: Vol. 16, No. 4 (2019)
       
  • Operationalizing and regulating religious freedom: Apostasy and
           administrative “reasonableness” in Malaysia and beyond
    • Authors: Nelson M; Shah D.
      Pages: 1293 - 1321
      Abstract: As a fundamental human right, religious freedom is commonly associated with the right to choose or change one’s religion (religious self-identification). We use the famous Malaysian case of Muslim-to-Christian convert Lina Joy to examine the operationalization of this freedom—not so much as a negative freedom constraining state power but as a fundamental right tied to administrative procedures underpinning state recognition. From a constitutional perspective, the balance between fundamental rights and administrative power is complex. The legal standards governing administrative procedures for religious conversion vary from country to country and, for our purposes, from state to state even within Malaysia’s federal order. Asking “when do such procedures become ‘unreasonable’ in ways that undermine core human rights protections,” we highlight the historical, constitutional, and political contexts within which Malaysian notions of administrative “reasonableness” unfold. The operationalization of religious freedom as a fundamental right, we argue, hinges on a deeply context- ualized understanding of the political contingencies surrounding notions of administrative “reasonableness.”
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy100
      Issue No: Vol. 16, No. 4 (2019)
       
  • Reinventing or rediscovering international law' The Russian
           Constitutional Court’s uneasy dialogue with the European Court of Human
           Rights
    • Authors: Aksenova M; Marchuk I.
      Pages: 1322 - 1346
      Abstract: This article discusses interactions between the Constitutional Court of the Russian Federation and the European Court of Human Rights. More specifically, it critically examines evolving legal reasoning of the CC with respect to its interpretation of international law. Furthermore, it reflects on broader implications of the CC’s recent rulings that reaffirm the primacy of the Constitution of the Russian Federation over the ECtHR judgments in part where they appear to be contrary to the constitutional law provisions. These rulings are anticipated to have a long-lasting effect on the Russian legal system. They reflect a changing relationship between international and domestic law and signal a shift in Russia toward a more autonomous understanding of international law rooted in the principle of sovereignty that differs from the Western narrative of the discipline. Even more broadly, these emerging new interpretations support the idea of fragmentation of international law not only from a strictly legal perspective—as a plethora of conflicting sources of law—but also from a socio-legal perspective as a discipline harboring conflicting narratives.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy088
      Issue No: Vol. 16, No. 4 (2019)
       
  • Not Enough: Human Rights in an Unequal World
    • Authors: de Búrca G.
      Pages: 1347 - 1352
      Abstract: MoynSamuel. Not Enough: Human Rights in an Unequal World. Harvard University Press, 2018. Pp. 296. $29.95. ISBN 9780674737563.**
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy106
      Issue No: Vol. 16, No. 4 (2019)
       
  • How to Save a Constitutional Democracy
    • Authors: Jakab A.
      Pages: 1352 - 1357
      Abstract: GinsburgTom & HuqAziz Z.. How to Save a Constitutional Democracy. University of Chicago Press, 2018. Pp. 320. $35.00. ISBN: 9780226564388.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy107
      Issue No: Vol. 16, No. 4 (2019)
       
  • The Alchemists. Questioning our Faith in Courts as Democracy-Builders
    • Authors: Verdugo S.
      Pages: 1357 - 1363
      Abstract: Gerald DalyTom. The Alchemists. Questioning our Faith in Courts as Democracy-Builders. Cambridge University Press, 2017 (hardback). Pp. 363. £95.00. ISBN: 9781108417945.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy109
      Issue No: Vol. 16, No. 4 (2019)
       
  • Comparative Constitutional Studies: Between Magic and Deceit
    • Authors: Bhatia G.
      Pages: 1363 - 1367
      Abstract: FrankenbergGunter. Comparative Constitutional Studies: Between Magic and Deceit. Edward Elgar, 2018. Pp. 343. £95.00. ISBN: 9781782548973.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy104
      Issue No: Vol. 16, No. 4 (2019)
       
  • Is International Law International'
    • Authors: O’Cinneide C.
      Pages: 1368 - 1372
      Abstract: RobertsAnthea. Is International Law International'Oxford University Press, 2017. Pp. 420. £25.99. ISBN 978-0-190-69641-2.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy108
      Issue No: Vol. 16, No. 4 (2019)
       
  • Demokratische Gesetzgebung in der Europäischen Union. Theorie und Praxis
           der dualen Legitimationsstruktur europäischer Hoheitsgewalt [Democratic
           Legitimacy and the Legislative Procedures of the European Union]
    • Authors: Viellechner L.
      Pages: 1373 - 1376
      Abstract: von AchenbachJelena. Demokratische Gesetzgebung in der Europäischen Union. Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt [Democratic Legitimacy and the Legislative Procedures of the European Union]. Springer, 2014. Pp. XVI + 522. €94.99. ISBN: 978-3-642-23916-8.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy110
      Issue No: Vol. 16, No. 4 (2019)
       
  • The Great Leveler. Violence and the History of Inequality from the Stone
           Age to the Twenty-First Century
    • Authors: Chatziathanasiou K.
      Pages: 1376 - 1380
      Abstract: ScheidelWalter. The Great Leveler. Violence and the History of Inequality from the Stone Age to the Twenty-First Century. Princeton University Press, 2017. Pp. 536. £27.00. ISBN: 9780691165028.
      PubDate: Mon, 21 Jan 2019 00:00:00 GMT
      DOI: 10.1093/icon/moy105
      Issue No: Vol. 16, No. 4 (2019)
       
 
 
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