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All Outputs (42)

Collaborative Constitutional Accountability (2023)
Book Chapter
Wheatle, S. (2023). Collaborative Constitutional Accountability. In M. Flinders, & C. Monaghan (Eds.), Questions of Accountability: Prerogatives, Power and Politics. Bloomsbury

Responsive Judicial Review and Multipolar Constitutional Theories (2022)
Journal Article
Wheatle, S.-S. (2022). Responsive Judicial Review and Multipolar Constitutional Theories. National Law School of India Review, 34(2), 94-103

Dixon’s exposition of modern democratic dysfunction and responsive judging arrives at an opportune time, in which both newer and more established democracies are experiencing considerable challenges to their democratic norms and structures.1 Dixon co... Read More about Responsive Judicial Review and Multipolar Constitutional Theories.

Diverse Voices in Public Law (2022)
Book
Wheatle, S.-S., & O'Loughlin, E. (Eds.). (in press). Diverse Voices in Public Law. Bristol University Press

The Structure of Common Law Constitutionalism (2020)
Presentation / Conference Contribution
Wheatle, S.-S. (2020, December). The Structure of Common Law Constitutionalism. Paper presented at Society of Legal Scholars (SLS) Conference

Contradictions in faith in the Caribbean context: postcolonialism, religion and the constitution (2020)
Journal Article
Campbell, Y., & Wheatle, S.-S. (2020). Contradictions in faith in the Caribbean context: postcolonialism, religion and the constitution. Commonwealth and Comparative Politics, 58(3), 277-284. https://doi.org/10.1080/14662043.2020.1782624

Revealing an enduring tension between law and religion and between colonial and independence institutions of law and politics, the Caribbean functions as a site of contestations over ̶ and responses to ̶ religion, identity, and rights. Both the postc... Read More about Contradictions in faith in the Caribbean context: postcolonialism, religion and the constitution.

Constitutional Faith and Identity in the Caribbean: Tradition, Politics and the Creolisation of Caribbean Constitutional Law (2020)
Journal Article
Wheatle, S.-S., & Campbell, Y. (2020). Constitutional Faith and Identity in the Caribbean: Tradition, Politics and the Creolisation of Caribbean Constitutional Law. Commonwealth and Comparative Politics, 58(3), 344-365. https://doi.org/10.1080/14662043.2020.1773637

This article maintains that in order to develop constitutional faith in the region, there must be both a firm constitutional identity and trust in the state’s capacity to deliver important public goods. The limited growth of both constitutional ident... Read More about Constitutional Faith and Identity in the Caribbean: Tradition, Politics and the Creolisation of Caribbean Constitutional Law.

Common Law Constitutionalism Through Methodology (2019)
Journal Article
Wheatle, S.-S. (2019). Common Law Constitutionalism Through Methodology. McGill law journal, 65(2), Article 341

This paper makes the case that methodology is a cornerstone of the advance of common law constitutionalism both within jurisdictions and transnationally. Common law methods, including interpretive presumptions and reasoning by unwritten principles, a... Read More about Common Law Constitutionalism Through Methodology.

The Rule of Law in the Caribbean Court of Justice (2019)
Presentation / Conference Contribution
Wheatle, S.-S. (2019, December). The Rule of Law in the Caribbean Court of Justice. Paper presented at Caribbean Association of Judicial Officers Conference, Belize

Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law (2018)
Book Chapter
Masterman, R., & Wheatle, S. (2018). Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law. In M. Elliott, J. Varuhas, & S. Wilson Stark (Eds.), The unity of public law : doctrinal, theoretical, and comparative perspectives (123-148). Hart Publishing. https://doi.org/10.5040/9781509915217.ch-006

Roger Masterman Se-Shauna Wheatle Our thanks are due to Mark Elliott and William Lucy for their comments on a previous draft. The common law is often seen as a unifying and stabilising factor across and within jurisdictions; in the United Kingdom, fo... Read More about Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law.

Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution (2017)
Journal Article
Masterman, R., & Wheatle, S. (2017). Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution. Public Law, 2017(Jul), 469-487

Considers the extent to which the UK doctrine of separation of powers exerts a normative influence on judicial decision-making. Examines the evolving constitutional significance of the doctrine, and how it manifests itself in judicial discourse throu... Read More about Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution.