Constitutionalism And A Right To Effective Government
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Constitutionalism And A Right To Effective Government
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Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-27
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 2022-10-27 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.
The Cambridge Companion To Comparative Constitutional Law
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Cambridge Companion To Comparative Constitutional Law written by Roger Masterman 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 2019-10-03 with Law categories.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
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.
Relic
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Author : William G Howell
language : en
Publisher: Hachette UK
Release Date : 2016-04-26
Relic written by William G Howell and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-26 with Political Science categories.
Our government is failing us. From health care to immigration, from the tax code to climate change, our political institutions cannot deal effectively with the challenges of modern society. Why the dysfunction? Contemporary reformers single out the usual suspects, including polarization and the rise in campaign spending. But what if the roots go much deeper, to the nation's founding? In Relic, William G. Howell and Terry M. Moe point to the Constitution as the main culprit. The framers designed the Constitution some 225 years ago for a simple, agrarian society. But the government they created, with a parochial Congress at its center, is ill-equipped to address the serious social problems that arise in a complex, postindustrial nation. We are prisoners of the past, burdened with an antiquated government that cannot make effective policy, and often cannot do anything at all. The solution is to update the Constitution for modern times. This can be accomplished, Howell and Moe argue, through reforms that push Congress and all its pathologies to the periphery of the lawmaking process, and bring presidents -- whose concern for their legacy drives them to seek coherent policy solutions -- to the center of decision making. As Howell and Moe reveal, the key to effective government for modern America is a more powerful presidency. Relic is a provocative and essential book for our era of political dysfunction and popular despair. It sheds new light on what is wrong with our government and what can be done about it, challenging us to reconsider the very foundation of the American experiment.
Constitutional Comparison
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Author : François Venter
language : en
Publisher: BRILL
Release Date : 2021-07-26
Constitutional Comparison written by François Venter and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-26 with Law categories.
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
Constitutionalism Across Borders In The Struggle Against Terrorism
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Author : Federico Fabbrini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Constitutionalism Across Borders In The Struggle Against Terrorism written by Federico Fabbrini 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 2016-04-29 with Law categories.
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
From Dialogue To Disagreement In Comparative Rights Constitutionalism
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Author : Scott Stephenson
language : en
Publisher: Holt Prize
Release Date : 2016
From Dialogue To Disagreement In Comparative Rights Constitutionalism written by Scott Stephenson and has been published by Holt Prize this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil rights categories.
The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.
Constitutions In Authoritarian Regimes
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2013-12-30
Constitutions In Authoritarian Regimes written by Tom Ginsburg 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 2013-12-30 with Law categories.
Constitutions in authoritarian regimes are often denigrated as meaningless exercises in political theater. Yet the burgeoning literature on authoritarian regimes more broadly has produced a wealth of insights into particular institutions such as legislatures, courts and elections; into regime practices such as co-optation and repression; and into non-democratic sources of accountability. In this vein, this volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government. The chapters utilize a wide range of methods and focus on a broad set of cases, representing many different types of authoritarian regimes. The book offers an exploration into the constitutions of authoritarian regimes, generating broader insights into the study of constitutions and their functions more generally.
Socio Economic Rights
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Author : Sandra Liebenberg
language : en
Publisher: Juta and Company Ltd
Release Date : 2010
Socio Economic Rights written by Sandra Liebenberg and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
The People Themselves
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Author : Larry Kramer
language : en
Publisher:
Release Date : 2004
The People Themselves written by Larry Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.