Quasi Constitutionality And Constitutional Statutes
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Quasi Constitutionality And Constitutional Statutes
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Author : Richard Albert
language : en
Publisher: Routledge
Release Date : 2019-04-01
Quasi Constitutionality And Constitutional Statutes written by Richard Albert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-01 with Law categories.
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Constitutional Change And Popular Sovereignty
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Author : Maria Cahill
language : en
Publisher: Routledge
Release Date : 2021-07-15
Constitutional Change And Popular Sovereignty written by Maria Cahill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.
Research Handbook On The Politics Of Constitutional Law
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Author : Mark Tushnet
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Research Handbook On The Politics Of Constitutional Law written by Mark Tushnet 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 2023-11-03 with Law categories.
This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Interpreting Discrimination Law Creatively
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Author : Alice Taylor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-08-24
Interpreting Discrimination Law Creatively written by Alice Taylor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-24 with Law categories.
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
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.
Routledge Handbook Of Comparative Constitutional Change
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Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2020-06-11
Routledge Handbook Of Comparative Constitutional Change written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
A Constitution For Aotearoa New Zealand
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Author : Andrew Butler
language : en
Publisher:
Release Date : 2016-09-21
A Constitution For Aotearoa New Zealand written by Andrew Butler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-21 with Political Science categories.
New Zealand needs a constitution that is easy to understand, reflects our shared identity and nationhood, protects rights and liberties, and prevents governments from abusing power. The current constitution is vague, jumbled and unclear. It can be easily overridden or changed according to political whim. This book aims to change that. It proposes a modern, codified constitution that is accessible and clear, and it aims to stimulate debate about who we are as a nation and how we should be governed--so we can forge enduring arrangements now, instead of waiting for a crisis to force our hand. While A Constitution for Aotearoa New Zealand proposes some important changes, it is at pains to preserve the sound elements of our past and our unique constitutional culture. The authors conclude by seeking your feedback on their proposals, which will be reflected in a second edition to be published in 2017. Ultimately this book is an impassioned plea for government to be transparent, accountable, responsive, and reflect the values of all New Zealanders.
The Constitution Of Western Australia
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Author : Alan Fenna
language : en
Publisher: Springer Nature
Release Date : 2023-06-16
The Constitution Of Western Australia written by Alan Fenna and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-16 with Law categories.
This book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.
The Guardian Of The Constitution
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Author : Hans Kelsen
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-19
The Guardian Of The Constitution written by Hans Kelsen 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 2015-02-19 with Law categories.
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Comparative Constitution Making
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Author : David Landau
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Comparative Constitution Making written by David Landau 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 2019 with Law categories.
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}