Constitutional Engagement In A Transnational Era
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Constitutional Engagement In A Transnational Era
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Author : Vicki Jackson
language : en
Publisher: Oxford University Press
Release Date : 2013-05-30
Constitutional Engagement In A Transnational Era written by Vicki Jackson 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 2013-05-30 with Law categories.
Constitutional Engagement in a Transnational Era explores how transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases. In it, Vicki Jackson looks at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law.
Constitutionalism And A Right To Effective Government
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Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-31
Constitutionalism And A Right To Effective Government written by Vicki C. Jackson 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 2022-10-31 with Law categories.
This interdisciplinary volume highlights the crucial role of effective government in sustaining democratic constitutionalism. In each chapter, leaders in the fields of constitutional law and politics provide innovative analyses of the relationships between effective government and democratic constitutionalism, its principles, and its institutions.
Constitutional Engagement In A Transnational Era
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Author : Vicki Jackson
language : en
Publisher: Oxford University Press
Release Date : 2013-02-15
Constitutional Engagement In A Transnational Era written by Vicki Jackson 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 2013-02-15 with Law categories.
Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.
Federalism
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Author : Vicki C. Jackson
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2013-09-09
Federalism written by Vicki C. Jackson and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-09 with Political Science categories.
This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.
Constitution Making And Transnational Legal Order
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Author : Gregory Shaffer
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-18
Constitution Making And Transnational Legal Order written by Gregory Shaffer 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 2019-04-18 with Law categories.
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Transnational Evaluation Of Constitutions
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Author : Ali Shirvani
language : en
Publisher: Springer Nature
Release Date : 2021-07-09
Transnational Evaluation Of Constitutions written by Ali Shirvani and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-09 with Law categories.
This book provides a hypothetical classification of constitutions through international law and human rights values used in any constitution, which draws connections between the inclusive standards of international law and human rights contained in the constitutions. Consequently, an evaluation method will be available for users to rank any constitution potentiality of analysis for grounds of any commitment and responsibility of the states concerning international law and human rights. "This important study uses novel quantitative and qualitative methods to explore the relationship between constitutional and international law. It is a significant contribution to the literature, and pushes us further toward rigorous analysis of transnational legal regimes." Tom Ginsburg Professor of Political Science, Chicago Law School.
Transnational Constitutionalism
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Author : Nicholas Tsagourias
language : en
Publisher: Cambridge University Press
Release Date : 2007-07-19
Transnational Constitutionalism written by Nicholas Tsagourias 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 2007-07-19 with Law categories.
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
The Identity Of The Constitutional Subject
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Author : Michel Rosenfeld
language : en
Publisher: Routledge
Release Date : 2009-10-16
The Identity Of The Constitutional Subject written by Michel Rosenfeld and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with Law categories.
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
A Sociology Of Transnational Constitutions
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Author : Christopher J. Thornhill
language : en
Publisher:
Release Date : 2014
A Sociology Of Transnational Constitutions written by Christopher J. Thornhill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Constitutional history categories.
This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.
Reframing Human Rights In A Turbulent Era
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Author : Gráinne de Búrca
language : en
Publisher: Oxford University Press
Release Date : 2021-03-09
Reframing Human Rights In A Turbulent Era written by Gráinne de Búrca 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 2021-03-09 with Law categories.
In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.