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Matthew Gale - University of Pennsylvania Law School, LLM

Online Publications

The UK’s Uncodified Constitution – Parliamentary Sovereignty and the Rise of Common Law Constitutionalism

Introduction The United Kingdom does not have a codified constitution. Rather than in a single written document, its constitution is contained in Acts of Parliament, treaties, principles and conventions. This ‘unwritten’ constitution rests on two central concepts – the rule of law and parliamentary sovereignty. The former being the idea that the nation, people, and the government should be governed by law and the latter that Parliament is the country’s supreme law making authority. In recent years, the traditional conception of parliamentary sovereignty in the United Kingdom has been under assault, such that some consider that it is a “misleadingly…

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LLM Perspectives Online Publications

Rawlsian Fairness and Appellate Oversight in International Commercial Arbitration

Efficient arbitration has always implicated a tension between the goals of finality and fairness. This article assesses the prospect of appeals in international commercial arbitration in light of Desierto’s Rawlsian analysis and considers the normative question of whether appellate mechanisms are necessary.…

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