Constitutional

State recognition of Islam in Muslim countries invites fierce debate from scholars and politicians alike, some of whom assume an inherent conflict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority...

The volume deals with vital issues on freedom of expression and freedom of information and emphasizes the importance of the free exchange and dissemination of ideas and of open, and therefore more accountable, government. It notes the ways in which these...

Should the criminal law be used to deter and punish corruption in politics: from employing family members at public expense to improper spending on elections, lobbying, and cronyism? How did so many MPs avoid facing charges after the 2009 government...

Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This...

A broad explanation of the various dimensions of the problem of "bad" speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about "bad" speech-hate speech, disinformation and propaganda...

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the...

Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and...

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...

Horror comics were among the first comic books published--ghastly tales that soon developed an avid young audience, along with a bad reputation. Parent groups, psychologists, even the U.S. Government joined in a crusade to wipe out the horror comics...

This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty...

Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of...

Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the...

"In this study, the author displays an astonishing knowledge of the field, an outstanding command of the literature and a most remarkable width of scope." * The Journal of Indo-European Studies "...a timely and useful addition to current...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780865972896Author George CareyFormat PaperbackPage Count 656Imprint Liberty Fund IncPublisher Liberty Fund IncWeight(grams) 1049g

In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen...

This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars...

Their names linger in memory mainly as punch lines, synonyms for obscurity: Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents,...

The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court,...

Featuring contributions from leading scholars of history, law and politics, this path-breaking two-volume work traces the development of the United Kingdom's constitution from Anglo-Saxon times and explores its role in the creation, exercise and control...

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four...

What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect...

Legal norms may forbid, require, or authorize a particular form of behavior. The law of contracts, for example, informs people how to enter into agreements that will bind both sides, and from this we establish legal requirements on how they should behave...

In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of...

A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The...

The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and it's implementation. Focusing on five countries (Colombia, Mexico, South...

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and...

This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights...

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle...

Written by Kevin Dunion, the first Scottish Information Commissioner, this uniquely informed text provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. Fully referenced to the Commissioner's own...

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Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship...

In this thought-provoking book, Gunter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their...

Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's...

Francis Bacon wrote in 1625 that judges must be lions, but lions under the throne. From that day to this, the tension within the state between parliamentary, judicial and executive power has remained unresolved. Lions under the Throne is the first...

A searing manifesto for troubled times in India."India is improbable. By any measure of logic or reason, it should not be. Not in this form. And yet it is." With this provocation, Justice Gautam Patel of the Bombay High Court sketches the exoskeleton...

When we think of constitutional law, we invariably think of the Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Federal Appellate Judge Jeffrey S. Sutton...

This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological...

Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and...

For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at...

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation "Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it...