bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Rule of Law, the Separation of Powers and Judicial Independence in Canada
Authors: Newman Warren J. 
Published: November 2017

Abstract
This chapter considers the meaning, scope, and application of three constitutional principles of surpassing importance in Canada. The rule of law is foundational to Canada’s constitutional framework and may properly be characterized as the first principle of Canadian constitutional law. It is linked to, and in some respects, forms the underpinning for other fundamental principles, including constitutionalism, federalism, democracy, and parliamentary sovereignty. As the latter principles are the focus of chapters by other commentators in this Handbook, this chapter will examine the rule of law primarily in relation to the separation of powers and judicial independence. The principle of judicial independence is also essential to the functioning and structure of the Constitution, given the role the courts are called upon to play in policing the constitutional limits of legislative power and administrative action. The separation of powers is still an emerging principle in Canada, but also increasingly viewed as fundamental.
Understanding Dialogue Theory
Authors: Hogg Peter W. , Amarnath Ravi 
Published: November 2017

Abstract
This chapter discusses Charter dialogue theory, tracing its evolution within the academic literature, as well as how it has been interpreted by Canadian courts. The authors define the concept of Charter dialogue, or legislative responses to decisions of Canadian courts involving fundamental human rights and freedoms. They describe the features of the Canadian Charter which make the process of Charter dialogue possible, as well as its limitations. The chapter tells how the concept of Charter dialogue addresses concerns with the process of judicial review, and the criticisms that have been levelled against Charter dialogue theory. The authors also describe how the concept of Charter dialogue has been interpreted by Canadian courts. Specifically, they discuss how Charter dialogue has impacted the remedial decisions of courts, and how these decisions impact subsequent responses from legislatures.
The Canadian Constitution and the World
Authors: Choudhry Sujit 
Published: November 2017

AbstractThis chapter examines the influence of elements of Canada’s constitutional model abroad, in three areas: (1) the Canadian Charter of Rights and Freedoms as an innovative way to institutionalize the relationship among legislatures, executives, and courts with respect to the enforcement of a constitutional bill of rights, as justified by “dialogue theory”, that contrasts starkly with its leading alternatives, the American and German systems of judicial supremacy; (2) Canada’s plurinational federalism as a strategy to accommodate minority nationalism and dampen the demand for secession and independence within the context of a single state, by divorcing the equation of state and nation; and (3) the complex interplay between a constitutional bill of rights and minority nation-building, as reflected in the constitutional politics surrounding the recognition of Quebec’s distinctiveness, and the role of the Supreme Court of Canada in adjudicating constitutional conflicts over official language policy arising out of Quebec.
The Law and Politics of International Organizations
Authors: Dunoff Jeffrey L. 
Published: November 2017

Abstract
This chapter describes the contours of the international law (IL) and international relations (IR) scholarship on international organizations (IOs), as well as some of its key characteristics and debates. It proceeds in three parts. Part I briefly surveys the major theoretical approaches to the creation and functions of IOs found in the IL and IR literature. Part II analyzes the most important conceptual debates that have occupied IO scholars in recent years, including debates over the autonomy, accountability, and legitimacy of IOs. Part III explores a cluster of policy dilemmas, including the political implications of institutional fragmentation, how to manage IO interactions, and why IOs increasingly seem unable to effectively address matters of pressing international concern.
Private Transnational Governance
Authors: Mattli Walter 
Published: November 2017

Abstract
This chapter discusses the key drivers and risks of private transnational governance. It shows that private governance rarely seems to stay purely private. When it fails to consider wider societal interests and concerns, private governance will draw unwanted attention from governments, potentially leading to oversight and regulation or public-private partnerships — what is referred to as ‘joint or hybrid’ governance. A trend towards hybrid governance appears to be detectable both in the cases of privatization of global regulation and the rise of transnational private justice. In the former case, states have taken steps to improve procedural transparency and broaden the range of partners involved in transnational rule-making. In the latter case, the constitutionalization of international arbitration governance promises to integrate and safeguard fundamental public policy norms in private judicial processes. Future research on global governance will have to carefully examine the significance and effectiveness of ‘joint or hybrid’ governance.
Human Rights
Authors: Shelton Dinah 
Published: November 2017

Abstract
This chapter examines the express and implied powers of international organizations to address human rights issues, standard-setting by such organizations, and the structure and functioning of the bodies and institutions they have established to consider this issue. The analysis focuses on inter-governmental organizations, but the discussion refers at times to the vast array of civil society and non-governmental organizations that have contributed immeasurably to the development of human rights law, in particular through their formal and informal participation in the work of inter-governmental organizations, their subsidiary organs, and treaty bodies. In fact, the creation of some non-governmental organizations and civil society networks preceded and to a certain extent stimulated the formation of intergovernmental organizations.
Health
Authors: Burci Gian Luca , Cassels Andrew 
Published: November 2017

Abstract
This chapter discusses how the landscape for global health governance has evolved. It finds that the political importance of health as an international and global issue has changed radically. International health organizations started with a mandate to control the spread of infectious diseases between countries as a by-product of trade. Today, their work is central to economic development, poverty reduction, human rights, sustainable development, and the effective management of globalization. Any modern understating of the role and functions of International Organizations (IOs) in the field of health must now take into account the actions and interactions of a much wider range of institutional actors. While the World Health Organization (WHO) and IOs are most effective in meeting the need for legislative instruments, norms, standards and other global public goods, it is also the part of their agenda that is hardest to finance. There are many other players — internationally and locally — that are more adept at providing finance, implementing projects, and providing hands-on technical support in developing countries than normative IOs. Furthermore, the growing number of institutions involved in global health suggests the need for a much clearer division of labour in order to allow each one to play to its respective strengths.
Democracy Promotion
Authors: Johnstone Ian , Snyder Michael 
Published: November 2017

Abstract
This chapter examines the extent to which international organizations (IOs) engage in democracy promotion. It finds that democratic norms are being articulated and acted upon by IOs. As evidence, it looks to the development of democracy's normative roots as well as the following operational activities: electoral assistance, the good governance agenda of development programs, and peace-building. It argues that these activities are both rooted in and have had on impact on the normative climate in which IOs operate — both in a positive and negative way. The chapter does not argue that an international right to democracy exists — there is still too much contestation to make that claim. Rather, it uses the activities of IOs as a yardstick for measuring whether, how, and to what extent such a right may crystallize.
Sanctions
Authors: Farrall Jeremy 
Published: November 2017

Abstract
This chapter examines the most prominent forms of international organization sanctions, namely United Nations (UN) and European Union (EU) sanctions. It first examines the constitutional basis, scope, and administration of UN and EU sanctions. It then compares and contrasts these two models, discussing how the interests of peace and security, on the one hand, and human rights and the rule of law, on the other, can sometimes come into conflict in the application of international organization sanctions. It shows that the UN sanctions decision-making system tends to prioritize peace and security, whereas the EU sanctions decision-making system tends to prioritize the rule of law. The chapter argues that neither tradition of international organization sanctions has found the right balance, and that the ongoing contest between peace and security and the rule of law will continue to shape and constrain international organization sanctions decision-making for the foreseeable future.
Constituent Instruments
Authors: Blokker Niels 
Published: November 2017

Abstract
International organizations (IOs) are normally created by treaties, often referred to as the ‘constitution’ or the ‘constituent instrument’ of the organization. This chapter focuses on these treaties. It begins with an overview of the different names given to constituent instruments of IOs. It then discusses the content of constitutions and demonstrates that this varies widely. Apart from states, IOs may also become parties to constituent instruments of (other) IOs. Following these introductory matters, the chapter turns to the legal characteristics of constituent instruments and their interpretation. It focuses on the creation of a new legal person in constitutions and constitutional development through ‘practice of the organization’.
Assessing the Legality of Decisions
Authors: Wouters Jan , Odermatt Jed 
Published: November 2017

Abstract
This chapter examines the legal/judicial accountability of international organizations (IOs). ‘Judicial review’ in reference to acts of IOs has been defined as ‘a process by which a court of law determines whether a legal person has acted substantively within the scope of its powers and procedurally in a correct manner’. Using this definition of review, we find that there is a serious lack of judicial review of acts of IOs at the international level. The chapter is organized as follows. The first part discusses the variety of IOs that are now active and the diverse types of acts they produce. It then examines the fora where these acts can be legally challenged. The next part examines the grounds for review upon which acts of IOs are challenged and the legal consequences that flow from an act found to be in violation of legal requirements. Finally, the chapter examines non-judicial review mechanisms, such as non-compliance and withdrawal from an organization. It concludes that the legal review of acts of IOs remains an underdeveloped area of the law of IOs, especially given the impact such acts can have on states and individuals.
The Law of the International Civil Service
Authors: Villalpando Santiago 
Published: November 2017

Abstract
The law of the international civil service is an essential feature of the contemporary phenomenon of international organizations (IOs). It raises, however, complex theoretical and practical issues that have been discussed for decades but are yet to be fully resolved, including its relationship with the international legal order, the legal nature of the relations it regulates, and whether it can be construed as a single integrated field of law. This chapter focuses on the nature of the field of law of the international civil service and the identification of its sources of law. Through the establishment of standards governing the relationship between the organization and its staff members, the law of international civil service fulfils the double role of guaranteeing conditions of service adequate to the achievement of the goals enshrined in the constituent act and of protecting officials from undue external pressures.
Participation
Authors: Nanz Patrizia , Dingwerth Klaus 
Published: November 2017

Abstract
This chapter examines citizen participation in international organizations (IOs). The focus on citizen participation builds on the understanding of participation as a principle of governance in democratic theory. It begins by summarizing and reflecting upon the major patterns of participation for IOs. It then deals with the special case of European Union (EU) governance in which participatory rights are most thoroughly enshrined at the international level. Evidence suggests that the greater inclusion of transnational civil society organizations enhances the plurality of views that enter international decision-making processes. Together with the enhanced skills and technological means available to civil society, the opening up of IOs thus gives a broader range of affected communities a chance to voice their interests on issues such as climate change and the rules that should guide world trade. Within the EU, the ‘democratic minimum’ that allows citizens to make use of participatory opportunities is guaranteed for a much broader range of citizens. In such a context, institutionalizing the right forms of participation can do more if done properly.
Recent Trends in Invertebrate Neuroscience
Authors: Gelperin Alan 
Published: November 2017

Abstract
This article presents a selective presentation of several notable trends in invertebrate neuroscience, which are intended to illustrate the central tenant that, essentially, basic invertebrate neuroscience and basic vertebrate neuroscience are converging to a remarkable degree. That is, the basic principles of cellular, network, and behavioral neuroscience are increasingly congruent within eukaryote phyla, with the notable exceptions of work that is explicitly clinical or concerned with pest control. The historical segregation of invertebrate and vertebrate neuroscience is of decreasing relevance and utility. An increasing literature has arisen that points out common structural and mechanistic themes across the invertebrate–vertebrate (IV) boundary. Among many examples, common neural circuit motifs play a causal role in decision-making circuits responsible for activating innate social behaviors in both Drosophila melanogaster and mice. Charles Darwin said, “It is absurd to talk of one animal being higher than another.” If some cephalopods are conscious, where do we draw the line?
James Buchanan and Gordon Tullock,The Calculus of Consent
Authors: Thrasher John , Gaus Gerald 
Published: November 2017

AbstractThe Calculus of Consent: Logical Foundations of Constitutional Democracy is a groundbreaking work in democratic theory. This chapter argues that it is of continued relevance today, due both to its methodological innovations and its use of those innovative techniques to solve the fundamental problem of democratic justification. In Calculus, James Buchanan and Gordon Tullock fuse economic methods, political theory, and the normative project of showing how democratic institutions of a particular sort can be justified contractually, creating a unique form of democratic contractualism that came to be known as “Constitutional Political Economy” and the more general research program of “Public Choice Theory.” Although these pioneering techniques have been integrated into mainstream political theory, the interest of their normative project has not been similarly appreciated.
Phillip Pettit,Republicanism
Authors: Beaumont Elizabeth 
Published: November 2017

AbstractSince the 1960s, political and legal thought has been influenced by a republican revival. Philip Pettit’s Republicanism (1997) offers the most ambitious philosophical contribution to this revival: a blueprint for constitutional governance and citizenship organized around a principle of freedom as non-domination. This chapter examines Pettit’s conception of freedom and effort to reconfigure republicanism into a more inclusive, egalitarian, and cosmopolitan theory. It then considers Republicanism’s influence, and some criticisms and further inquiries the project invites, including the relation to liberalism, risks of state overreach, sufficiency of non-domination for freedom, discounting of democratic participation, and limits of law and institutions. While these criticisms are potent, they do not diminish Pettit’s venture. Rather, they indicate the vigor of his neo-republican vision, and its role in expanding debate over the problem of domination and the ongoing challenges of addressing it through political institutions, law, and civic life.
Baptist
Authors: Harmon Steven R. 
Published: November 2017

Abstract
While the Baptist tradition has not always been associated with ecumenical engagement in the minds of its observers or of Baptists themselves, this chapter highlights the overt and implicit ecumenical commitments that historically have marked this free church tradition. These include the congregational interdependence that is a dimension of Baptist ecclesiology, Baptist participation in the institutions of the modern ecumenical movement, Baptist participation in formal ecumenical dialogue, Baptist involvement in church union discussions, and the manner in which the Baptist tradition has received various aspects of other Christian traditions. The chapter proposes that the paradigm of receptive ecumenism reframes Baptist identity as being more ecumenically open than previously appreciated and has the potential to encourage new forms of Baptist contribution to ecumenical convergence.
Introduction
Authors: Fortescue Michael , Mithun Marianne , Evans Nicholas 
Published: November 2017

AbstractThe first chapter of The Oxford Handbook of Polysynthesis introduces the notion of polysynthesis and the related issues that the volume addresses, such as complexity, the definition of the word, the nature of the lexicon, idiomaticity, and typological features such as argument structure and head marking. It also outlines the part structure of the volume: Part I addresses polysynthesis from different perspectives; Part II contains areal studies of those geographical regions of the world where polysynthesis is particularly common, such as the Arctic and Sub-Arctic and northern Australia; Part III examines diachronic topics such as language contact and language obsolescence; Part IV looks at acquisition issues in different polysynthetic languages.
The Anthropological Setting of Polysynthesis
Authors: Trudgill Peter 
Published: November 2017

AbstractA sociolinguistically oriented study of polysynthesis literature reveals one rather striking observation. Varieties often cited as being incontrovertibly polysynthetic include languages from many different language families and different areas of the world. But many of these languages have a number of social characteristics in common: they are spoken in relatively small, traditional, non-industrialized communities, over relatively small territories. This chapter suggests that this is not a coincidence. There seems to be considerable agreement in the literature, for instance, that polysynthetic languages are ‘highly’, ‘extremely’, or ‘extraordinarily’ complex. And the literature on polysynthesis abounds in descriptors referring to their complexity as ‘exuberant’, ‘unusual’, ‘spectacular’, ‘baroque’, ‘rich’, ‘daunting’, and ‘startling’. This tallies nicely with the suggestion (Trudgill 2011) that linguistic complexity is particularly associated with relatively small, isolated, stable communities which have dense social-network structures; and is relatively unlikely to be found in large, high-contact (for example urban, colonial, standard) language varieties.
What are the Limits of Polysynthesis?
Authors: Fortescue Michael 
Published: November 2017

AbstractOf the various labels for morphological types currently in use by typologists ‘polysynthesis’ has proved to be the most difficult to pin down. For some it just represents an extreme on the dimension of synthesis (one of Sapir’s two major typological axes), while for others it is an independent category or parameter involving incorporation and bound pronominals with far-reaching morphosyntactic ramifications. If the nub of polysynthesis is the packing of a lot of material into single verb forms that would be expressed as independent words in less synthetic languages, what exactly is the nature of and limitations on this ‘material’? This chapter investigates the limits—both upwards and downwards—of what the term is generally understood to cover and suggests a rule-of-thumb definition. Cognitive constraints on its maximal extent are also considered.
Polysynthetic Structures of Lowland Amazonia
Authors: Aikhenvald Alexandra Y. 
Published: November 2017

AbstractLowland Amazonia is the locus of substantial linguistic diversity in terms of genetic affiliation, language structure, and numbers of languages. This chapter will focus on the distribution of types of polysynthetic patterns within Lowland Amazonia, with special attention to the spread, and the types, of noun incorporation. The highest concentration of polysynthetic languages in Amazonia is the region south of the Amazon River, spanning adjacent regions of Peru, Brazil, and Bolivia. Polysynthetic patterns can be reconstructed for the protolanguages of some families, such as Panoan, Harakmbet, and possibly Arawá. Polysynthetic patterns in Arawak family (by far the largest in terms of its geographical spread) are often due to areal diffusion. We will focus on a number of mechanisms for the development of polysynthesis in established linguistic areas, for example the Vaupés River Basin linguistic area, and on a number of established instances of intensive language contact.
Polysynthesis in Northern Australia
Authors: Evans Nicholas 
Published: November 2017

AbstractThis chapter surveys the polysynthetic languages of northern Australia, across four families in three non-contiguous regions: Gunwinyguan (Arnhem Land), Tiwi (Bathurst and Melville Islands), and Southern and Western Daly (Daly River). All are non-Pama-Nyungan. It contextualizes the more detailed treatments of Dalabon (Ch. 43), Southern and Western Daly (Ch. 44), and the acquisition of Murrinh-patha (Ch. 26) by bringing out the typological similarities and differences in polysynthetic languages, with a particular focus on pathways of change between more and less polysynthetic structures. Australian polysynthetic languages exhibit little morphological fusion, and all are basically templatic. However, there are significant differences in noun and verb incorporation, applicatives and other valency-changing operations, and the degree of subordinating morphology, illustrated by comparing the closely related Dalabon and Bininj Gun-wok. Perhaps the biggest difference is the presence of a bipartite structure in the Southern Daly languages. The chapter closes by surveying the main trajectories by which morphological complexity increases or diminishes in the languages of northern Australia.