Constitutional Law and Federations

Constitutional Law and Federations PDF Author: Iacovos Kareklas
Publisher: Rowman & Littlefield
ISBN: 1793642745
Category : Law
Languages : en
Pages : 235

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Book Description
Constitutional Law and Federations provides a concise overview of the British occupation of Cyprus(1878-1959), the efforts of the Greek Cypriots for independence, and the structure and peculiarities of the current Cyprus Constitution. Federal states and the concept of federalism worldwide and, in every era, have come into being because of important political and security reasons dictating or necessitating the creation of such governmental organizations. The bi-zonal federation envisaged for Cyprus, in the Accords of 1977 and 1979 is not in compliance with these prerequisites. According to objective legal norms, bi-communal and bi-zonal federation flagrantly violates international law and is incompatible with the notion of human rights with regard to Cyprus. A federation modelled on the United States of America federal Constitution could, indeed, provide an ideal framework for settling the Cyprus problem and safeguarding the protection of basic human rights and constitutional freedoms for all sections of the population on the island. This book will be of interest to scholars and students of constitutional law, international law and international relations as well as diplomats, who deal not only with the Cyprus issue but also with related regional and international issues.

Constitutional Law and Federations

Constitutional Law and Federations PDF Author: Iacovos Kareklas
Publisher: Rowman & Littlefield
ISBN: 1793642745
Category : Law
Languages : en
Pages : 235

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Book Description
Constitutional Law and Federations provides a concise overview of the British occupation of Cyprus(1878-1959), the efforts of the Greek Cypriots for independence, and the structure and peculiarities of the current Cyprus Constitution. Federal states and the concept of federalism worldwide and, in every era, have come into being because of important political and security reasons dictating or necessitating the creation of such governmental organizations. The bi-zonal federation envisaged for Cyprus, in the Accords of 1977 and 1979 is not in compliance with these prerequisites. According to objective legal norms, bi-communal and bi-zonal federation flagrantly violates international law and is incompatible with the notion of human rights with regard to Cyprus. A federation modelled on the United States of America federal Constitution could, indeed, provide an ideal framework for settling the Cyprus problem and safeguarding the protection of basic human rights and constitutional freedoms for all sections of the population on the island. This book will be of interest to scholars and students of constitutional law, international law and international relations as well as diplomats, who deal not only with the Cyprus issue but also with related regional and international issues.

Federalism and Legal Unification

Federalism and Legal Unification PDF Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Category : Law
Languages : en
Pages : 554

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Book Description
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Constitutional Dynamics in Federal Systems

Constitutional Dynamics in Federal Systems PDF Author: Michael Burgess
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773539549
Category : Law
Languages : en
Pages : 353

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Book Description
How sub-national constitutions influence constitutional change and adaptation in federations.

Russian Constitutional Law

Russian Constitutional Law PDF Author: Elena A. Kremyanskaya
Publisher: Cambridge Scholars Publishing
ISBN: 1443869708
Category : Law
Languages : en
Pages : 230

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Book Description
Russian Constitutional Law is one of the first publications to offer profound analyses of the main institutions of the Constitutional Law of the Russian Federation in English. The authors, representing the Constitutional Law Chair of the Moscow State Institute for International Relations (MGIMO-University), cover the most important and basic categories of Constitutional Law in Russia: namely, the Constitution; the Status of the Individual; Federalism; the Electoral System; Federal Bodies (the...

Characterisation in Federations: Six Countries Compared

Characterisation in Federations: Six Countries Compared PDF Author: Gregory Taylor
Publisher: Springer Science & Business Media
ISBN: 3540297944
Category : Law
Languages : en
Pages : 189

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Book Description
In this work Dr. Taylor surveys the federal countries of the world and asks how they divide power among the constituent units of the federation. In so doing, he considers not only the formal constitutional text, but, far more importantly, the case law that has grown up around it as the Courts develop approaches to interpreting provisions for the distribution of powers. This enables conclusions to be drawn about the effectiveness of various structural and interpretative approaches to the distribution of powers within federations.

Federalism, Subnational Constitutions, and Minority Rights

Federalism, Subnational Constitutions, and Minority Rights PDF Author: G. Alan Tarr
Publisher: Bloomsbury Publishing USA
ISBN: 0313051909
Category : Law
Languages : en
Pages : 256

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Book Description
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

The Constitutional Theory of the Federation and the European Union

The Constitutional Theory of the Federation and the European Union PDF Author: Signe Rehling Larsen
Publisher: Oxford University Press, USA
ISBN: 0198859260
Category : Law
Languages : en
Pages : 241

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Book Description
This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.

Courts in Federal Countries

Courts in Federal Countries PDF Author: Nicholas Aroney
Publisher: University of Toronto Press
ISBN: 1487500629
Category : Law
Languages : en
Pages : 598

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Book Description
Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.

Constitutional Origins, Structure, and Change in Federal Countries

Constitutional Origins, Structure, and Change in Federal Countries PDF Author: International Association of Centers for Federal Studies
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773529160
Category : Political Science
Languages : en
Pages : 479

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Book Description
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux

Dialogues on Constitutional Origins, Structure, and Change in Federal Countries

Dialogues on Constitutional Origins, Structure, and Change in Federal Countries PDF Author: International Association of Centers for Federal Studies
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773529397
Category : Political Science
Languages : en
Pages : 84

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Book Description
An exploration of the origins, structure, and change of twelve federal constitutions.