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Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 1108831885
Category : Law
Languages : en
Pages : 289
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Book Description
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 1108831885
Category : Law
Languages : en
Pages : 289
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Book Description
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774816767
Category : Law
Languages : en
Pages : 650
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Book Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author: András Sajó
Publisher: Oxford University Press
ISBN: 0191046043
Category : Law
Languages : en
Pages : 606
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Book Description
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. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 110862247X
Category : Law
Languages : en
Pages : 509
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Book Description
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Author: Taylor & Francis Group
Publisher: Juris Diversitas
ISBN: 9781032007175
Category :
Languages : en
Pages : 304
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Book Description
This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognized that we have entered a new era, the Anthropocene, specifically characterized by the impact of one species, mankind, on environmental change. Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of Law, Environmental Studies and Anthropology.
Author: Roberto Gargarella
Publisher: Cambridge University Press
ISBN: 1009115723
Category : Law
Languages : en
Pages : 361
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Book Description
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 the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.
Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Category : Law
Languages : en
Pages :
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Book Description
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 1108906877
Category : Law
Languages : en
Pages : 1362
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Book Description
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Author: Michael J. Glennon
Publisher: Princeton University Press
ISBN: 9780691023052
Category : Law
Languages : en
Pages : 382
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Book Description
Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
Author: David S. Law
Publisher:
ISBN: 110842709X
Category : Law
Languages : en
Pages : 611
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Book Description
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
