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Abstract This article reflects on subsidiarity as the preference for proximity. In doing so, it focuses both on the idea of the preference for proximity and the preference for proximity. The impetus for doing so is Nick Barber’s book The Principles of Constitutionalism, which counts subsidiarity...
Abstract This is a response to a recent article by T. R. S. Allan. Allan makes several insightful observations about law and legal practice. As Allan correctly notes, (i) the moral evaluation of legal rules and institutions is carried out within legal practice and its traditions, and therefore...
Abstract Barber’s recent book The Principles of Constitutionalism argues that state sovereignty is not subject to legal limits, from either domestic or supranational law. It further suggests that state sovereignty is not subject to moral limits either. This paper argues that this is an unsound...
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