Public Law In A Multi Layered Constitution
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Public Law In A Multi Layered Constitution
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Author : Nicholas Bamforth
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-10-30
Public Law In A Multi Layered Constitution written by Nicholas Bamforth and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-30 with Law categories.
How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution.
Public Law
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Author : Mark Elliott
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-03-17
Public Law written by Mark Elliott and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.
Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of this change -The increasingly 'multi-layered' character of the British constitution Online Resource Centre Public Law is accompanied by a free, open-access Online Resource Centre (www.oxfordtextbooks.co.uk/orc/elliott_thomas) which offers the following resources to support students: - Figures from the book reproduced online - A list of useful websites for students - Regularly posted legal and political updates for the book - A testbank of questions for tutors to assess students' progress This book has been highly endorsed by lecturers for level of coverage, accuracy, and the manner in which the three themes provide an excellent backdrop to the book's content. 'I think it will be a very welcome addition to the range of text books available and I suspect that it will become my personal favourite.' - Barbara Mauthe; Lancaster University 'I found the book impressive and likely to be of interest and use to a great many. It is written in a style that is pitched about the right level. It was easy to understand and provides - for me - a good blend of black letter law and socio-political context' - David Mead; University of East Anglia Written by two experienced teachers of the subject, Public Law is an essential new text that focuses on what students need to engage with and understand this challenging subject.
Local Governance In Multi Layered Systems
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Author : Matteo Nicolini
language : en
Publisher: Springer Nature
Release Date : 2023-12-12
Local Governance In Multi Layered Systems written by Matteo Nicolini and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-12 with Law categories.
The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).
Accountability In The Contemporary Constitution
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Author : Nicholas Bamforth
language : en
Publisher: OUP Oxford
Release Date : 2013-11-14
Accountability In The Contemporary Constitution written by Nicholas Bamforth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-14 with Law categories.
Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.
The Constitution Of Freedom
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Author : András Sajó
language : en
Publisher: Oxford University Press
Release Date : 2017
The Constitution Of Freedom written by András Sajó 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 2017 with Law categories.
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
The Fundamental Concepts Of Public Law
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Author : Westel Woodbury Willoughby
language : en
Publisher:
Release Date : 1931
The Fundamental Concepts Of Public Law written by Westel Woodbury Willoughby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1931 with Constitutional law categories.
Public Law In A Multi Layered Constitution
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Author : Nicholas Bamforth
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-10-30
Public Law In A Multi Layered Constitution written by Nicholas Bamforth and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-30 with Law categories.
How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution.
Constitutions Compared
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Author : A. W. Heringa
language : en
Publisher:
Release Date : 2019
Constitutions Compared written by A. W. Heringa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Comparative government categories.
The 5th edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fifth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. The book has also been expanded with a larger number of (sub)headings so as to allow for a better overview. Furthermore, this book most notably includes many constitutional developments in the constitutional systems within our scope. Including the 'Brexit' (to be) and the new compositions of the national and the European Parliament. In the previous edition the EU has more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. This new edition has been expanded with chapters on human rights as they are protected in the constitutional legal systems, as well as in the multi-layered European legal order.This book has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduate-level courses. It remains a thorough introduction which purports to give an overview, however with quite a few examples and applications in practice, and also sufficient legal and practical details to be accessible and to the point, whilst at the same time providing for the whole picture and highlighting general constitutional questions and perspectives.
Local Government In Europe
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Author : Carlo Panara
language : en
Publisher: Routledge
Release Date : 2013
Local Government In Europe written by Carlo Panara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with LAW categories.
"This book offers a comparative study of the structure of the local government in the countries within the European Union from a public law perspective. The book provides a detailed analysis of the state of local government in fifteen Member States: Austria, Belgium, Czech Republic, Finland, France, Greece, Germany, Hungary, Italy, the Netherlands, Poland, Slovenia, Spain, Sweden, and UK.For each Member State an expert on local government addresses a number of points including the present form of local government as well as current proposals for the reform of local government the functions of the local authorities the type and the degree of autonomy these bodies enjoy the internal organization and the local form of government the controls the local authorities undergo the system of funding of these bodies the influence of the European integration on the structure of the local government. In presenting such a wide-ranging survey, the book draws out the main trends of local government in Europe and outlines the elements of convergence and divergence between the Member States. The book also evaluates the impact of the European integration on the structure of the local government at national level, and argues that it is possible to view local government as the fourth level of the EU multi-layered constitution."--
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.