The Rule Of Law And A Change In The Constitution

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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.

The Rule Of Law And The Australian Constitution

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Author : Lisa Burton Crawford
language : en
Publisher:
Release Date : 2017-04-27

The Rule Of Law And The Australian Constitution written by Lisa Burton Crawford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with Australia categories.

* The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.

Constitutional Amendments

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Author : Richard Albert
language : en
Publisher: Oxford University Press
Release Date : 2019-07-15

Constitutional Amendments written by Richard Albert 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 2019-07-15 with Law categories.

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

An Introduction To The Study Of The Law Of The Constitution

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Author : A.V. Dicey
language : en
Publisher: Springer
Release Date : 1985-09-30

An Introduction To The Study Of The Law Of The Constitution written by A.V. Dicey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-30 with Social Science categories.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

The Rule Of Law And The Separation Of Powers

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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2017-07-05

The Rule Of Law And The Separation Of Powers written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.

The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Parliamentary Sovereignty

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Author : Jeffrey Goldsworthy
language : en
Publisher: Cambridge University Press
Release Date : 2010-07-22

Parliamentary Sovereignty written by Jeffrey Goldsworthy 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 2010-07-22 with Law categories.

This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

The Cambridge Companion To The Rule Of Law

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Author : Jens Meierhenrich
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-12

The Cambridge Companion To The Rule Of Law written by Jens Meierhenrich 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 2021-08-12 with Law categories.

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

The Rule Of Law

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Author : Geoffrey de Q. Walker
language : en
Publisher: Melbourne University
Release Date : 1988

The Rule Of Law written by Geoffrey de Q. Walker and has been published by Melbourne University this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.

The Changing Constitution

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Author : Jeffrey L. Jowell
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

The Changing Constitution written by Jeffrey L. Jowell 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 2015 with Law categories.

Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eight edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Online Resource Centre This book is accompanied by an Online Resource Centre which includes updates on key developments, a 'library' of web links, and a timeline of key dates in British legal and political history.

The Nanxun Legacy And China S Development In The Post Deng Era

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Author : John Wong
language : en
Publisher: World Scientific
Release Date : 2001

The Nanxun Legacy And China S Development In The Post Deng Era written by John Wong and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.

In the spring of 1992, Deng Xiaoping made a historical tour of south China, popularly known as the Nanxun (?southern tour?). During the tour, he boldly called for more radical economic reform and further opening up of China. The Nanxun has become a political landmark in the history of the People's Republic of China, much like great events such as the Great Leap Forward, the Cultural Revolution, and the 1989 Tiananmen crackdown. Deng Xiaoping has left his own legacy for the country. The Nanxun belongs to Deng, just as the 1911 revolution belongs to Sun Yat-sen and the communist revolution to Mao Zedong.In this collection of articles, leading China scholars and experts analyze how the Nanxun has sparked off dynamic economic growth in China and drastically changed the political and social landscape of the country.