Comparative Constitutional Traditions
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Comparative Constitutional Traditions
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Author : James T. McHugh
language : en
Publisher: New York : P. Lang
Release Date : 2002
Comparative Constitutional Traditions written by James T. McHugh and has been published by New York : P. Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This book compares and contrasts several constitutional traditions from various regions of the world. The first chapter provides the foundation for norms, ideas, and values that frame this comparison. Western and Eastern concepts of law, the relationship of law and ideology, the common law and civil law systems, tribal law, property, rights and liberties, and other themes establish the basis for the remaining chapters of the book, which includes examinations of the American, British, Chinese, Canadian, Japanese, Indian, Nigerian, French, German, Saudi Arabian, and Mexican constitutional traditions within their legal and broader political contexts. This approach to comparative law at the constitutional level is the first one of its type, especially in terms of its diverse social science approach.
Comparative Constitutional History
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Author : Francesco Biagi
language : en
Publisher: BRILL
Release Date : 2020-07-27
Comparative Constitutional History written by Francesco Biagi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-27 with Political Science categories.
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume aims to address this shortcoming by bringing focus to comparative constitutional history.
Comparative Constitutional History
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Author : Francesco Biagi
language : en
Publisher: BRILL
Release Date : 2022-12-05
Comparative Constitutional History written by Francesco Biagi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Political Science categories.
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.
Western Constitutionalism
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Author : Andrea Buratti
language : en
Publisher: Springer
Release Date : 2019-01-07
Western Constitutionalism written by Andrea Buratti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-07 with Law categories.
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
Order From Transfer
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Order From Transfer written by Günter Frankenberg 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 2013-01-01 with Law categories.
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Comparative Constitutional History
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Author : Francesco Biagi
language : en
Publisher:
Release Date : 2023
Comparative Constitutional History written by Francesco Biagi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The Foundations And Traditions Of Constitutional Amendment
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-13
The Foundations And Traditions Of Constitutional Amendment written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Defining The Field Of Comparative Constitutional Law
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Author : Vicki C. Jackson
language : en
Publisher: Praeger
Release Date : 2002-12-30
Defining The Field Of Comparative Constitutional Law written by Vicki C. Jackson and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-30 with Law categories.
Essays seeking to define the field of comparative constitutional law.
History Constitution
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Author : Luigi Lacchè
language : de
Publisher: Verlag Vittorio Klostermann
Release Date : 2016
History Constitution written by Luigi Lacchè and has been published by Verlag Vittorio Klostermann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Constitutional history categories.
This volume collects 25 essays dedicated to the history of four important constitutional experiments (France, Belgium, Switzerland and Italy). While it considers these experiments and developments in the 19th and 20th centuries, comparative constitutional history, nevertheless, offers the possibility of obtaining a wider purview. It is in this sense that we can speak of the myth of the English constitution pervading the discourses and language of the French liberals, of Belgium being referred to as "Little England" in Italy, and the Modell Deutschland as increasingly becoming an object of fascination for Italian scholars of public law. In the 1830s, Alexis de Tocqueville analysed the situation in Switzerland and compared the different kinds of federalism present in America and in Europe. A European comparative constitutional history, taking up a global perspective, can help us to better decipher two very important issues pertinent to our times: first, for assessing the identity and the constitutional substance of a living common core of the European constitutional traditions; and second, for considering constitutional history as a useful tool to address different levels of global constitutionalism and new trends of governance. History & Constitution offers not only insights into the past, but also provides some guidelines for the future.
Constitutional Review In Europe
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Author : Maartje De Visser
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Constitutional Review In Europe written by Maartje De Visser and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.