Constitutional Dialogues In Comparative Perspective
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Constitutional Dialogues In Comparative Perspective
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Author : S. Kenney
language : en
Publisher: Springer
Release Date : 1999-01-28
Constitutional Dialogues In Comparative Perspective written by S. Kenney and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-28 with Political Science categories.
From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.
Constitutional Dialogue
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Author : Geoffrey Sigalet
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-02
Constitutional Dialogue written by Geoffrey Sigalet 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 2019-05-02 with Law categories.
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Democratic Dialogue And The Constitution
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Author : Alison L Young
language : en
Publisher: Oxford University Press
Release Date : 2017-02-10
Democratic Dialogue And The Constitution written by Alison L Young 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 2017-02-10 with Law categories.
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
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.
Politics In The Republic Of Ireland
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Author : John Coakley
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-31
Politics In The Republic Of Ireland written by John Coakley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-31 with Political Science categories.
Building on the success of previous editions, Politics in the Republic of Ireland continues to provide an authoritative introduction to all aspects of government and politics in this seventh edition. Written by some of the foremost experts on Irish politics, it explains, analyses and interprets the background to Irish government and contemporary political processes. It devotes chapters to every aspect of contemporary Irish government and politics, including the political parties and elections, the constitution, deliberative democracy, referendums, the Taoiseach and the governmental system, women and politics, the position of the Dáil, and Ireland’s place within the European Union. Bringing readers up to date with the very latest developments, especially with the upheaval in the Irish party system and the implications of recent liberalising referendums, the seventh edition combines substance with a highly readable style, providing an accessible book that meets the needs of all those who are interested in knowing how politics and government operate in Ireland.
Freedom Of Speech And Information In Global Perspective
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Author : Pekka Hallberg
language : en
Publisher: Springer
Release Date : 2017-03-13
Freedom Of Speech And Information In Global Perspective written by Pekka Hallberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-13 with Political Science categories.
This book offers a unique exploration of the current state of freedom of speech as a basic right available to everyone. The research focuses on the different development stages of the concept of freedom of speech and the use of modern indicators to depict the its treatment in different legal cultures, including the obligations under international treaties and the effects that the globalising and digitalising environment have had on it. The authors conduct a broad survey of freedom of speech around the world, from Europe over Russia and both Americas to Africa, Asia, and Australia. The aim of this survey is to identify safeguards of freedom of speech on both a national and an international level, violations and threat scenarios, and in particular challenges to freedom of speech in the digital era.
Rights Before Courts
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-02-21
Rights Before Courts 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 2005-02-21 with Education categories.
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
Constitutionalising Europe
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Author : Michael Longo
language : en
Publisher: Routledge
Release Date : 2017-03-02
Constitutionalising Europe written by Michael Longo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Political Science categories.
The European Union is in a state of transformation with its constitutional future the subject of much heated debate. This book provides a durable, authoritative and comprehensive account of constitutional development, examining the pivotal roles of law and judicial politics in establishing the EU constitutional edifice. Michael Longo demonstrates and substantiates the arguments for and against constitutionalization through the development of a theoretical framework drawing on theories and empirical research in both law and political science to understand this new process of European integration.
The Future Of Economic And Social Rights
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Author : Katharine G. Young
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
The Future Of Economic And Social Rights written by Katharine G. Young 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 2019-04-11 with Law categories.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Politics And Constitutions In Southeast Asia
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Author : Marco Bünte
language : en
Publisher: Routledge
Release Date : 2016-07-15
Politics And Constitutions In Southeast Asia written by Marco Bünte and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-15 with Law categories.
In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.