Comparative Constitutional Justice
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Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Comparative Constitutional Justice
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Author : Matteo Nicolini
language : en
Publisher:
Release Date : 2021-07-14
Comparative Constitutional Justice written by Matteo Nicolini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-14 with categories.
Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors' behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation ('nomocratic review') to a maximum scrutiny encompassing all state activities ('pantocratic review'). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.
The Global South And Comparative Constitutional Law
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Author : Philipp Dann
language : en
Publisher: Oxford University Press
Release Date : 2020-10-30
The Global South And Comparative Constitutional Law written by Philipp Dann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.
Dialogues On Italian Constitutional Justice
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Author : Vittoria Barsotti
language : en
Publisher: Routledge
Release Date : 2021-04-27
Dialogues On Italian Constitutional Justice written by Vittoria Barsotti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-27 with Law categories.
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Comparative Judicial Review
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Author : Erin F. Delaney
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Comparative Judicial Review written by Erin F. Delaney and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Comparative Constitutional Law In Asia
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Author : Rosalind Dixon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-02-28
Comparative Constitutional Law In Asia written by Rosalind Dixon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-28 with Law categories.
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Comparative Constitutional Reasoning
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Author : András Jakab
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27
Comparative Constitutional Reasoning written by András Jakab and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with Law categories.
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
The Oxford Handbook Of Comparative Constitutional Law
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Author : Michel Rosenfeld
language : en
Publisher: American Chemical Society
Release Date : 2012-05-17
The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by American Chemical Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.
A comprehensive reference resource on comparative constitutional law, this title examines the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.
Comparative Constitutional Law
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Author : Mauro Cappelletti
language : en
Publisher: MICHIE
Release Date : 1979
Comparative Constitutional Law written by Mauro Cappelletti and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Comparative government categories.
Constitutional Justice East And West
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-12-31
Constitutional Justice East And West written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-31 with Philosophy categories.
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.