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Author: Chintan Chandrachud
Publisher:
ISBN: 9780190127671
Category :
Languages : en
Pages : 352
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Book Description
The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution.
Author: Chintan Chandrachud
Publisher:
ISBN: 9780190127671
Category :
Languages : en
Pages : 352
Get Book Here
Book Description
The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution.
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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Book Description
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author: Johnathan O'Neill
Publisher: JHU Press
ISBN: 1421444623
Category : History
Languages : en
Pages : 398
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Book Description
"In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--
Author: Stephen Gardbaum
Publisher: Cambridge University Press
ISBN: 1107009286
Category : Law
Languages : en
Pages : 275
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Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427
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Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Author: Sungmoon Kim
Publisher: Cambridge University Press
ISBN: 1316592073
Category : Political Science
Languages : en
Pages : 289
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Book Description
Recent proposals concerning Confucian meritocratic perfectionism have justified Confucian perfectionism in terms of political meritocracy. In contrast, 'Confucian democratic perfectionism' is a form of comprehensive Confucian perfectionism that can accommodate a plurality of values in civil society. It is also fully compatible with core values of democracy such as popular sovereignty, political equality, and the right to political participation. Sungmoon Kim presents 'public reason Confucianism' as the most attractive option for contemporary East Asian societies that are historically and culturally Confucian. Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism via a distinctive form of public reason. It calls for an active role for the democratic state in promoting a Confucian conception of the good life, at the heart of which are such core Confucian values as filial piety and ritual propriety.
Author: Richard Cullen
Publisher: Routledge
ISBN: 0429842902
Category : Law
Languages : en
Pages : 177
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Book Description
Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.
Author: Uladzislau Belavusau
Publisher:
ISBN: 0198864736
Category : Law
Languages : en
Pages : 385
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Book Description
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region.Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
Author: Koos Malan
Publisher: AFRICAN SUN MeDIA
ISBN: 1928480268
Category : Political Science
Languages : en
Pages : 312
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Book Description
None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.
