Constitutional

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

Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the...

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation's founding document, are not in conflict-they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in...

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...

This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability...

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...

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...

This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an...

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...

Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening...

In Constitutional Culture, Independence, and Rights, Javier Garcia Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly,...

House of Lords reform is often characterised as unfinished business: a riddle that has been left unanswered since 1911. But rarely can an unanswered riddle have had so many answers offered, even though few have been accepted; indeed, when Viscount Cave...

The legal system is awash with excessive and incomprehensible information. Yet many of us assume that the unrelenting torrent of information pouring into various legal programs is both inevitable and unstoppable. We have become complacent; but it does...

What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature...

Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal...

Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended...

Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues...

How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in...

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9781934941218Author Committee Church CommitteeFormat PaperbackPage Count 424Imprint Red and Black PublishersPublisher Red and Black PublishersWeight(grams)...

Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada's constitution - only four decades old -...