Interlocking Constitutions


Interlocking Constitutions
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Interlocking Constitutions


Interlocking Constitutions
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Author : Luis I Gordillo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-25

Interlocking Constitutions written by Luis I Gordillo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-25 with Law categories.


The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.



A Written Constitution For Quebec


A Written Constitution For Quebec
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Author : Richard Albert
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2023-01-15

A Written Constitution For Quebec written by Richard Albert 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 2023-01-15 with Law categories.


No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.



Social And Political Foundations Of Constitutions


Social And Political Foundations Of Constitutions
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Author : Denis J. Galligan
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-14

Social And Political Foundations Of Constitutions written by Denis J. Galligan 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 2013-10-14 with Law categories.


This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.



Europe S Experimental Union


Europe S Experimental Union
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Author : Brigid Laffan
language : en
Publisher: Psychology Press
Release Date : 2000

Europe S Experimental Union written by Brigid Laffan and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Europe categories.


The dynamics of European integration is increasingly topical as Europe's political leaders grapple with the nature and purpose of the EU in the light of major developments. This book provides an analysis of an unsettled Europe and the unsettled nature of scholarly analysis of the EU.



Research Handbook On International Energy Law


Research Handbook On International Energy Law
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Author : Kim Talus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-04-25

Research Handbook On International Energy Law written by Kim Talus 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 2014-04-25 with Law categories.


International energy law is an elusive but important concept. There is no body of law called Šinternational energy law�, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship



The Chinese Constitution Of Central Asia


The Chinese Constitution Of Central Asia
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Author : N. Godehardt
language : en
Publisher: Springer
Release Date : 2014-03-21

The Chinese Constitution Of Central Asia written by N. Godehardt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Social Science categories.


China's commitments in Central Asia illustrate how regional foreign policy works and how long-standing principles of Chinese foreign policy might be revised in the near future. China's rise has 'moved' Asia, which is why it seems that what we have traditionally regarded as the geographic and political scope of Asia might actually considerably change in the near future. Nadine Godehardt gives crucial insights into the Chinese expert discourse on Central Asia - analyzing how Chinese experts define Central Asia when they talk and write about policy issues related to China's immediate Western neighbourhood. In this context, she gives an inside perspective on Chinese voices whose meanings are rarely examined in Chinese International Relations studies.



The Law Of American State Constitutions


The Law Of American State Constitutions
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Author : Robert F. Williams
language : en
Publisher: Oxford University Press
Release Date : 2023-05-05

The Law Of American State Constitutions written by Robert F. Williams 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 2023-05-05 with categories.


The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.



The Oic The Un And Counter Terrorism Law Making


The Oic The Un And Counter Terrorism Law Making
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Author : Katja Samuel
language : en
Publisher: A&C Black
Release Date : 2014-07-18

The Oic The Un And Counter Terrorism Law Making written by Katja Samuel and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.


The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations. This unique, timely, and carefully researched monograph examines one such important yet generally under-researched and poorly understood intergovernmental organization, the Organization of Islamic Cooperation ('OIC', formerly the Organization of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorism law-making practice, and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter-Terrorism Stategy goals. Furthermore, it explores two common (mis)assumptions regarding the OIC, namely whether its internal institutional weaknesses mean that its law-making practice is inconsequential at the intergovernmental level; and whether its self-declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law. Where significant normative tensions are discerned between OIC law and UN law, the monograph explores not only whether these may be explicable, at least in part, by the OIC's Islamic nature, and objectives, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications of these findings for international counter-terrorism law- and policy-making. This monograph is expected to appeal especially to national and intergovernmental counter-terrorism practitioners and policy-makers, as well as to scholars concerned with the interaction between international and Islamic law norms. From the Foreword by Professor Ben Saul, The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC, Islamic law, international law, and counter-terrorism. It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter-terrorism enterprise over many decades, and which accelerated markedly after 9/11. The scope of the book is ambitious, its subject matter is complex, and its sources are many and diverse. Dr Samuel has deployed an appropriate theoretical and empirical methodology, harnessed an intricate knowledge of the field, and brought a balanced judgement to bear, to bring these issues to life.



Research Handbook On Legal Pluralism And Eu Law


Research Handbook On Legal Pluralism And Eu Law
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Author : Gareth Davies
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018

Research Handbook On Legal Pluralism And Eu Law written by Gareth Davies 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 2018 with categories.


The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.



The Constitution Of Ancient China


The Constitution Of Ancient China
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Author : Su Li
language : en
Publisher: Princeton University Press
Release Date : 2018-08-07

The Constitution Of Ancient China written by Su Li and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-07 with History categories.


How was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution. Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history--Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli—who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.