The Application Of Quasi Constitutional Laws
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The Application Of Quasi Constitutional Laws
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Author : James Spigelman
language : en
Publisher:
Release Date : 2011
The Application Of Quasi Constitutional Laws written by James Spigelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The scope of constitutional law is not confined to the exegesis of a specific text called “The Constitution”. Particularly in nations that have inherited the Westminster system of government from the United Kingdom, which has no written constitution, some statutes and common law doctrines are of such fundamental significance that they should be recognised as constitutional in nature. These include the range of presumptions of the law of statutory interpretation which can be categorised as a common law bill of rights. The interpretation of legislation which may affect fundamental rights and liberties proceeds by the application of a “clear statement principle”, based on the assumption that a legislature would not abrogate any such rights without clear and unambiguous words. This paper compares the clear statement principle with the application of statutory provisions in contemporary Human Rights Acts that require courts to strive to interpret other legislation to be compliant with the human rights protected by such statutes. These special principles of statutory interpretation reflect the quasi-constitutional nature of the common law bill of rights or the rights listed in a Human Rights Act.
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.
Quasi Constitutional Laws Of Canada
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Author : John Helis
language : en
Publisher:
Release Date : 2018-09-28
Quasi Constitutional Laws Of Canada written by John Helis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
This work provides a much-needed overview of quasi-constitutional laws of Canada. These laws comprise several categories of federal and provincial statutes, including human rights, access-to-information, privacy, language rights, and the traditional civil liberties, as well as a common law principle.
Constitutional Morality And The Rise Of Quasi Law
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Author : Bruce P. Frohnen
language : en
Publisher: Harvard University Press
Release Date : 2016-06-13
Constitutional Morality And The Rise Of Quasi Law written by Bruce P. Frohnen and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-13 with Law categories.
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
How To Understand Statutes And Regulations
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Author : Nancy McCormack
language : en
Publisher:
Release Date : 2017
How To Understand Statutes And Regulations written by Nancy McCormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Statutory Interpretation And Human Rights
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Author : James Spigelman
language : en
Publisher: McPherson Lecture
Release Date : 2008
Statutory Interpretation And Human Rights written by James Spigelman and has been published by McPherson Lecture this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
"The annual McPherson Lecture Series, inspired by the famous Hamlyn Lecture Series in England, hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In this, the third, volume, The Honourable James Jacob Spigelman, considers the theme of statutory interpretation and human rights. The first of these lectures, The Common Law Bill of Rights, considers the principles of the law of statutory interpretation which constitute, in substance, a common law bill of rights. The second lecture, The Application of Quasi-constitutional Laws, considers the developing jurisprudence of the application of the special interpretive provision in human rights legislation and how the principles of statutory interpretation are applied to legislation of this character. The final lecture, Legitimate and Spurious Interpretation, considers the difficulties posed for interpretation by the need to balance conflicting human rights and the limits of interpretation. These thought-provoking and timely essays tackle an important and controversial area of law, that has real repercussions for the reputation of the law, the role of judges and the independence of the court system in Australia."--Provided by publisher.
The Constitutional History Of England
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Author : Frederic William Maitland
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2001
The Constitutional History Of England written by Frederic William Maitland and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Originally published: Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Although Maitland never intended to publish these lectures, they have long been regarded as one of the best introductions to the English Constitution. Delivered in the winter of 1887 and spring of 1888, and edited and published in 1908 by one of Maitland's students, Herbert A.L. Fisher, they cover the period from 1066 to the end of the nineteenth century. Rather than a narrative historical format, they focus on describing the work of the constitution during five distinct moments in English history: 1307, 1509, 1625, 1702 and 1887. They provide an entry to some of the major concepts he later expounded in his seminal work written with Sir Frederick Pollock, The History of English Law. Widely considered the father of modern legal history, FREDERIC WILLIAM MAITLAND 1850-1906] was an English jurist and historian best known for The History of English Law Before the Time of Edward I (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in1876 and practiced until 1884, when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works had a profound influence on legal scholarship and remain important today.
Law And Politics Of Constitutional Courts
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Author : Stefanus Hendrianto
language : en
Publisher: Routledge
Release Date : 2018-04-17
Law And Politics Of Constitutional Courts written by Stefanus Hendrianto and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
Global Environmental Constitutionalism
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Author : James R. May
language : en
Publisher: Cambridge University Press
Release Date : 2015
Global Environmental Constitutionalism written by James R. May 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 with Business & Economics categories.
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
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.