The idea of the deliberative constitution is thus contrasted with the factual constitution preferred by the legal positivists as the ground of law. The basic...

The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distrib...

The books reviewed in this review essay, by Shany and Letsas highlight two increasingly significant dimensions ofinternational law: the interaction of nation...

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they su...

This essay is a reply to Joseph Raz’s ‘Human Rights in the Emerging World Order’. In that essay Professor Raz made a series of typically sophisticated and su...

The edifice of law, public or private, assumes deliberation about a particular ordering of social life which presupposes the distinction between higher and o...

Lon Fuller’s book The Morality of Law is one of the richest books of legal philosophy of the twentieth century.1 I do not think it has attracted the attentio...

This essay argues that the universality claim is a claim concerning two different domains: first, the domain of the political and, second, the domain of fore...

The idea of constitutional rights presupposes a theory of rights with moral priority, which legal positivism is incapable of explaining, as Robert Alexy has ...

For many years UK law remained under the spell of a ‘simple fact’ theory of Dicey, Wade and Hart, refusing to deal with the question of constitutional change...