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Contested Constitutionalism


Contested Constitutionalism
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Contested Constitutionalism


Contested Constitutionalism
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Author : James B. Kelly
language : en
Publisher: UBC Press
Release Date : 2010-01-01

Contested Constitutionalism written by James B. Kelly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.



Contested Constitutionalism


Contested Constitutionalism
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Author : James Bernard Kelly
language : en
Publisher: University of British Columbia Press
Release Date : 2009

Contested Constitutionalism written by James Bernard Kelly and has been published by University of British Columbia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.


political science." --Book Jacket.



Canada And The Ethics Of Constitutionalism


Canada And The Ethics Of Constitutionalism
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Author : Samuel V. Laselva
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2018-12-30

Canada And The Ethics Of Constitutionalism written by Samuel V. Laselva and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-30 with Political Science categories.


Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.



Rule Of Law Common Values And Illiberal Constitutionalism


Rule Of Law Common Values And Illiberal Constitutionalism
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Author : Tímea Drinóczi
language : en
Publisher: Routledge
Release Date : 2020-09-08

Rule Of Law Common Values And Illiberal Constitutionalism written by Tímea Drinóczi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-08 with Law categories.


This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.



Eternity Clauses In Democratic Constitutionalism


Eternity Clauses In Democratic Constitutionalism
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Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021-05-20

Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu 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 2021-05-20 with Law categories.


This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.



The Oxford Handbook Of International Law In Europe


The Oxford Handbook Of International Law In Europe
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-11-19

The Oxford Handbook Of International Law In Europe written by 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 2024-11-19 with Law categories.


This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.



Antonin Scalia And American Constitutionalism


Antonin Scalia And American Constitutionalism
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Author : Edward A. Purcell, Jr.
language : en
Publisher: Oxford University Press
Release Date : 2020-04-15

Antonin Scalia And American Constitutionalism written by Edward A. Purcell, Jr. 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 2020-04-15 with Law categories.


Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.



Comparative Constitutional Design


Comparative Constitutional Design
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27

Comparative Constitutional Design 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 2012-02-27 with Law categories.


This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.



Deciphering The Genome Of Constitutionalism


Deciphering The Genome Of Constitutionalism
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Author : Ran Hirschl
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-21

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 2024-03-21 with Law categories.


Offers an extensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity.



Central Local Relations In Asian Constitutional Systems


Central Local Relations In Asian Constitutional Systems
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Author : Andrew Harding
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-12-17

Central Local Relations In Asian Constitutional Systems written by Andrew Harding and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with Law categories.


This book examines territorial governance in Asia in the context of central-local relations. In an era of attempts to deal with issues such as decentralisation, conflict involving ethnic and religious enclaves, and demands for regional autonomy, it is timely to examine central-local relations in a pan-Asian perspective, assessing the attempts in a range of different constitutional systems from Japan to Myanmar to re-order constitutional structures for local government. The book looks at the constitutional systems for organising central-local relations in Asia and attempts to draw conclusions from contemporary experiences.