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  1.  3
    Legislative Form as a Justification for Legislative Supremacy.Eoin Daly - 2017 - Jurisprudence 8 (3):501-531.
    Defenders of legislative supremacy against judicial review have primarily invoked various virtues of legislative process – in particular, its deliberative qualities, the diverse perspectives and inputs it allows, and especially, its connection to a principle of democratic equality. However, I argue that such virtues have been overemphasised as justifications for legislative supremacy. Instead, I argue that insufficient attention has been paid to the form of legislation as a justification for giving legislatures the ‘final say’ on issues of fundamental rights. Firstly, (...)
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  2.  3
    Transparency as a Justification for Legislative Supremacy.Eoin Daly - forthcoming - Critical Review of International Social and Political Philosophy:1-24.
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  3.  34
    Non-Domination as a Primary Good: Re-Thinking the Frontiers of the 'Political' in Rawls's Political Liberalism.Eoin Daly - 2011 - Jurisprudence 2 (1):37-72.
    The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that its (...)
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  4.  5
    Principle, Discretion, and Symbolic Power in Rousseau's Account of Judicial Virtue.Eoin Daly - 2016 - Ratio Juris 29 (2):223-245.
    Rousseau's understanding of legislation as the expression of the general will implies a constitutional principle of legislative supremacy. In turn, this should translate to a narrow, mechanical account of adjudication, lest creative judicial interpretation subvert the primacy of legislative power. Yet in his constitutional writings, Rousseau recommends open-textured and vague legislative codes, which he openly admits will require judicial development. Thus he apparently trusts a great deal in judicial discretion. Ostensibly, then, he overlooks the problem of how legislative indeterminacy—and correspondingly, (...)
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  5.  5
    Ostentation and Republican Civility: Notes From the French Face-Veiling Debates.Eoin Daly - 2015 - European Journal of Political Theory 14 (3):297-319.
    France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring discretion, modesty and self-restraint. Therefore, the ‘full veil’ was not portrayed as an austere interpretation of religious modesty, but as (...)
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  6. Austerity and Stability in Rousseau's Constitutionalism.Eoin Daly - 2013 - Jurisprudence 4 (2):173-203.
    For Rousseau, the primary function of the republican constitution is not to contain state power, but rather to cultivate certain personal dispositions and social forms through which the stability of a political order based on the general will can be realised. Thus, his constitutional projects for Corsica and Poland formulate peculiar constitutional devices aimed at fostering a distinctive vision of austerity as the social horizon of republican politics. I outline how Rousseau's political thought translates to a peculiar conception of constitutionalism (...)
     
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  7.  5
    The Ambiguous Reach of Constitutional Secularism in Republican France: Revisiting the Idea of Laïcité and Political Liberalism as Alternatives.Eoin Daly - 2012 - Oxford Journal of Legal Studies 32 (3):583-608.