Constitutional Topography
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Constitutional Topography
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2010
Constitutional Topography written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
The Oxford Handbook Of Comparative Constitutional Law
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Author : Michel Rosenfeld
language : en
Publisher: OUP Oxford
Release Date : 2012-05-17
The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Constitutional Identity In A Europe Of Multilevel Constitutionalism
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Author : Christian Calliess
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-24
Constitutional Identity In A Europe Of Multilevel Constitutionalism written by Christian Calliess 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 2019-10-24 with Law categories.
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Philosophical Foundations Of Constitutional Law
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Author : David Dyzenhaus
language : en
Publisher: Oxford University Press
Release Date : 2016-02-04
Philosophical Foundations Of Constitutional Law written by David Dyzenhaus 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 2016-02-04 with Law categories.
Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
The Neilgherries Including An Account Of Their Topography Climate Soil And Productions
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Author : Robert Baikie
language : en
Publisher:
Release Date : 1857
The Neilgherries Including An Account Of Their Topography Climate Soil And Productions written by Robert Baikie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1857 with Botany categories.
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.
The Rise Of Populist Nationalism
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Author : Margit Feischmidt
language : en
Publisher: Central European University Press
Release Date : 2020-02-01
The Rise Of Populist Nationalism written by Margit Feischmidt and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-01 with Social Science categories.
The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss the effects of legacy in memory and culture and suggest that both shift and legacy combine to produce the new era of identity politics. Legal experts emphasize that the new Fundamental Law of Hungary is radically different from all previous Hungarian constitutions, and clearly reflects a redefinition of the Hungarian state itself. The authors further examine the role of developments in the fields of sociology and political science that contribute to the kind of politics in which identity is at the fore.
Routledge Handbook Of Comparative Political Institutions
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Author : Jennifer Gandhi
language : en
Publisher: Routledge
Release Date : 2015-04-10
Routledge Handbook Of Comparative Political Institutions written by Jennifer Gandhi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-10 with Political Science categories.
The Routledge Handbook of Comparative Political Institutions (HCPI) is designed to serve as a comprehensive reference guide to our accumulated knowledge and the cutting edge of scholarship about political institutions in the comparative context. It differs from existing handbooks in that it focuses squarely on institutions but also discusses how they intersect with the study of mass behaviour and explain important outcomes, drawing on the perspective of comparative politics. The Handbook is organized into three sections: The first section, consisting of six chapters, is organized around broad theoretical and empirical challenges affecting the study of institutions. It highlights the major issues that emerge among scholars defining, measuring, and analyzing institutions. The second section includes fifteen chapters, each of which handles a different substantive institution of importance in comparative politics. This section covers traditional topics, such as electoral rules and federalism, as well as less conventional but equally important areas, including authoritarian institutions, labor market institutions, and the military. Each chapter not only provides a summary of our current state of knowledge on the topic, but also advances claims that emphasise the research frontier on the topic and that should encourage greater investigation. The final section, encompassing seven chapters, examines the relationship between institutions and a variety of important outcomes, such as political violence, economic performance, and voting behavior. The idea is to consider what features of the political, sociological, and economic world we understand better because of the scholarly attention to institutions. Featuring contributions from leading researchers in the field from the US, UK, Europe and elsewhere, this Handbook will be of great interest to all students and scholars of political institutions, political behaviour and comparative politics. Jennifer Gandhi is Associate Professor, Department of Political Science, Emory University. Rubén Ruiz-Rufino is Lecturer in International Politics, Department of Political Economy, King’s College London.
Deciphering The Genome Of Constitutionalism
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Author : Ran Hirschl
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-31
Deciphering The Genome Of Constitutionalism written by Ran Hirschl 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 2024-03-31 with Law categories.
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
The Politics Of Principle
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Author : Theunis Roux
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-28
The Politics Of Principle written by Theunis Roux 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 2013-03-28 with History categories.
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.