In this study, Caroline Henckels examines how investment tribunals have balanced the
competing interests of host states and foreign investors in determining state liability in …

Judicial deference to the administration is a concept and legal practice that is present to a
greater or lesser degree in every constitutional system. The analysis of the national reports …

Proportionality has been testing the judiciary for decades. However, a single replicable
model of proportionality has not been consistently applied by the courts. This paper explores …

This book considers the relationship between proportionality and facts in constitutional
adjudication. Analysing where facts arise within each of the three stages of the structured …

There have been numerous reasons identified for deference given by courts to decisions of
other bodies or lower courts. Some pertain to structural issues such as the doctrine of …

The continuing expansion of counterterrorism has had a significant impact on human rights.
However, whether such measures achieve their goals is often unclear, and their design is …

The role of courts in hybrid regimes and a reconceptualisation of separation of powers : the
case of filibuster in Hong Kong. Page 1 Australian Journal of Asian Law, 2016, Vol 17 No 1 …

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This article discusses the role of the discourse of law in legitimizing the protection of
intelligence secrets. It draws on examples from the United Kingdom and the United States to …

This article contends that the underlying normative assumptions of civil libertarians and
national security" executive unilateralists" are premised on a variant of the" nirvana fallacy." …