An Historical Introduction to Western Constitutional Law

An Historical Introduction to Western Constitutional Law PDF Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 9780521476935
Category : Law
Languages : en
Pages : 352

Get Book Here

Book Description
The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.

An Historical Introduction to Western Constitutional Law

An Historical Introduction to Western Constitutional Law PDF Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 9780521476935
Category : Law
Languages : en
Pages : 352

Get Book Here

Book Description
The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.

Just Wars and Moral Victories

Just Wars and Moral Victories PDF Author: David Whetham
Publisher: BRILL
ISBN: 9004171533
Category : History
Languages : en
Pages : 275

Get Book Here

Book Description
While recognising the sophistication of the practice of medieval warfare, many people still have problems reconciling the widespread use of surprise and deception with the code of chivalric warfare. Was chivalry really just a meaningless veneer? If true, perhaps more perplexing are the many cases where surprise or deception were not employed and advantages were therefore sacrificed. This work argues that understanding these apparent inconsistencies requires an appreciation of the moral and legal context of medieval strategic thought. Through taking this approach, chivalric warfare can be seen for what it was - a very real framework or system of rules that allowed a result or decision to be reached which could be accepted by both sides.

A History of Western Public Law

A History of Western Public Law PDF Author: Bruno Aguilera-Barchet
Publisher: Springer
ISBN: 331911803X
Category : Law
Languages : en
Pages : 788

Get Book Here

Book Description
The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

European Legal History

European Legal History PDF Author: Randall Lesaffer
Publisher: Cambridge University Press
ISBN: 1107310644
Category : History
Languages : en
Pages : 561

Get Book Here

Book Description
The rediscovery of Roman law and the emergence of classical canon law around AD 1100 marked the beginnings of the civil law tradition in Europe. Between the twelfth and eighteenth centuries, a highly sophisticated legal science of a truly European dimension was developed. Since then the different European States have developed their own national legal systems, but with the exception of England and Ireland they are all heirs to this tradition of the ius commune. This historical introduction to the civil law tradition, from its original Roman roots to the present day, considers the political and cultural context of Europe's legal history. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted. This contextual approach makes for a fascinating story, accessible to any reader regardless of legal or historical background.

Dimensions of Dignity

Dimensions of Dignity PDF Author: Jacob Weinrib
Publisher: Cambridge University Press
ISBN: 1107084288
Category : Law
Languages : en
Pages : 317

Get Book Here

Book Description
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.

Constitutional Bricolage

Constitutional Bricolage PDF Author: Eugénie Mérieau
Publisher: Bloomsbury Publishing
ISBN: 1509927719
Category : Law
Languages : en
Pages : 339

Get Book Here

Book Description
This book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late 19th century to the present day.

The Changing Constitution

The Changing Constitution PDF Author: Jeffrey L. Jowell
Publisher: Oxford University Press, USA
ISBN: 019870982X
Category : Law
Languages : en
Pages : 451

Get Book Here

Book Description
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 Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”

The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” PDF Author: Albert H.Y. Chen
Publisher: City University of HK Press
ISBN: 9629374501
Category : Law
Languages : en
Pages : 440

Get Book Here

Book Description
This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

The Changing Constitution

The Changing Constitution PDF Author: Jeffrey Jowell
Publisher:
ISBN: 0198806361
Category : Law
Languages : en
Pages : 481

Get Book Here

Book Description
The Changing Constitution provides concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform.

Western Constitutionalism

Western Constitutionalism PDF Author: Andrea Buratti
Publisher: Springer
ISBN: 3319993380
Category : Law
Languages : en
Pages : 257

Get Book Here

Book Description
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.