The Routledge Handbook Of Subnational Constitutions And Constitutionalism
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The Routledge Handbook Of Subnational Constitutions And Constitutionalism
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Author : Patricia Popelier
language : en
Publisher:
Release Date : 2021
The Routledge Handbook Of Subnational Constitutions And Constitutionalism written by Patricia Popelier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term 'multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.
Routledge Handbook Of Subnational Constitutions And Constitutionalism
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Author : Patricia Popelier
language : en
Publisher: Routledge
Release Date : 2021-09-21
Routledge Handbook Of Subnational Constitutions And Constitutionalism written by Patricia Popelier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-21 with Law categories.
This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term ‘multilevel constitutionalism’, recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.
Constitutional Identity And Constitutionalism In Africa
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2024-01-23
Constitutional Identity And Constitutionalism In Africa written by Charles M. Fombad 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 2024-01-23 with Law categories.
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
Dynamic Federalism
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Author : Patricia Popelier
language : en
Publisher: Routledge
Release Date : 2021-03-09
Dynamic Federalism written by Patricia Popelier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.
This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.
Constitutional Law In Argentina
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Author : Antonio María Hernández
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-05-20
Constitutional Law In Argentina written by Antonio María Hernández and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Argentina provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Argentina will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
The Law Of American State Constitutions
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Author : Robert F. Williams
language : en
Publisher: Oxford University Press
Release Date : 2023
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 with Law 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.
Teaching Federalism
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Author : John Kincaid
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-03
Teaching Federalism written by John Kincaid 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 2023-01-03 with Education categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Teaching Federalism presents innovative ideas for teaching a wide variety of key concepts of federalism and federal-country cases. Each chapter introduces a topic, explains its place in federalism research, and provides learning objectives, pedagogical tools, and questions for class discussions, student essays, and examinations. Evaluation and reading suggestions are included as well.
Federalism And The Rights Of Persons With Disabilities
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Author : Delia Ferri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-07-13
Federalism And The Rights Of Persons With Disabilities written by Delia Ferri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Law categories.
This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
Courts And Diversity
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Author :
language : en
Publisher: BRILL
Release Date : 2024-03-04
Courts And Diversity written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-04 with Law categories.
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Federalism And Democracy In Brazil And Beyond
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Author : Eduardo Grin
language : en
Publisher: Editora Appris
Release Date : 2024-08-07
Federalism And Democracy In Brazil And Beyond written by Eduardo Grin and has been published by Editora Appris this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-07 with Political Science categories.
This book is the result of a collective re¬flection among scholars from 8 federations and decentralized countries (Argentina, Australia, Brazil, Canada, Ethiopia, Germany, Italy, Mexico) who sought to update approaches and arguments on federalism in a post-COVID-19 scenario. On one hand, the pandemic highlighted the importance of federalism to deal with complex intergovernmental problems. On the other hand, federations also faced challenges to coordinate different spheres of government. The pandemic has allowed intense learning about the potential and limits of multilevel governance and federal arrangements in addressing emergencies and crises whose effects spread throughout the country. Regarding contemporary challenges such as climate emergency and democratic backsliding, which take on particular contours in federal, quasi-federal, and decentralized countries, the book offers insightful thoughts for scholars and practitioners. Federalism and federal countries can be pivotal in this debate due to their form of territorial division of power. This volume seeks to contribute to these discussions based on thoughts grounded on different national settings. The volume is organized in 16 chapters that contemplate essential topics on federalism and federations, based both on theoretical refl¬ections and empirical research. The chapters were mainly organized to offer for the authors a comparative perspective between the international debate and the Brazilian context. The book covers central issues such as federalism and institutional forms, federalism and democracy, federalism and de/centralization, managing interdependences and intergovernmental relations, federalism and ethnic diversity and federalism and challenges for the welfare state. Although this book is subject to the scrutiny of time, in line with changes in federations themselves, both organizers and authors aspire to provide ongoing debates with insightful contributions on Federalism and Democracy in Brazil and Beyond. This book is an essential reading for students and scholars of federalism, intergovernmental relations, multilevel governance and comparative politics.