How Constitutions Change

How Constitutions Change PDF Author: Dawn Oliver
Publisher: Bloomsbury Publishing
ISBN: 184731788X
Category : Law
Languages : en
Pages : 550

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Book Description
This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

How Constitutions Change

How Constitutions Change PDF Author: Dawn Oliver
Publisher: Bloomsbury Publishing
ISBN: 184731788X
Category : Law
Languages : en
Pages : 550

Get Book Here

Book Description
This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain PDF Author: Alberto López - Basaguren
Publisher: Springer Science & Business Media
ISBN: 3642277179
Category : Law
Languages : en
Pages : 893

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Book Description
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.

Claims for Secession and Federalism

Claims for Secession and Federalism PDF Author: Alberto López-Basaguren
Publisher: Springer
ISBN: 3319597078
Category : Law
Languages : en
Pages : 576

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Book Description
This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

La reforma de la administración general del Estado

La reforma de la administración general del Estado PDF Author: Manuel Arenilla Sáez
Publisher: Editorial Almuzara
ISBN: 8483564416
Category : Business & Economics
Languages : en
Pages : 213

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Book Description
Jordi Sevilla dirige una propuesta de reforma de la Administración General del Estado que proporcione un mejor servicio al ciudadano desde la apertura y la transparencia.

Sub-National Constitutional Law in Spain

Sub-National Constitutional Law in Spain PDF Author: Agustín Ruiz Robledo
Publisher: Kluwer Law International B.V.
ISBN: 9041195319
Category : Law
Languages : en
Pages : 369

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Constitutional Law in Spain

Constitutional Law in Spain PDF Author: Agustín Ruiz Robledo
Publisher: Kluwer Law International B.V.
ISBN: 9403536861
Category : Law
Languages : en
Pages : 338

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Volume I: The Administrative State

Volume I: The Administrative State PDF Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0191039837
Category : Reference
Languages : en
Pages : 841

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Book Description
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

DIVERSIDAD, DERECHOS FUNDAMENTALES Y FEDERALISMO. Un diálogo entre Canadá y España.

DIVERSIDAD, DERECHOS FUNDAMENTALES Y FEDERALISMO. Un diálogo entre Canadá y España. PDF Author: Josep Maria Castella Andreu
Publisher: Atelier Libros
ISBN: 8415929374
Category : Law
Languages : es
Pages : 357

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Book Description


Host Bibliographic Record for Boundwith Item Barcode 30112119570551 and Others

Host Bibliographic Record for Boundwith Item Barcode 30112119570551 and Others PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 352

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Book Description


Local Government and Metropolitan Regions in Federal Countries

Local Government and Metropolitan Regions in Federal Countries PDF Author: John Kincaid
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773576452
Category : Political Science
Languages : en
Pages : 440

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Book Description
While local government is found in all federal countries, its place and role in the governance of these countries varies considerably. In some countries, local government is considered an essential part of the federal nature of the state and recognized in the constitution as such, whereas in others it is simply a creature of the subnational states/provinces. When referring to local government it is more correct to refer to local governments (plural), as these institutions come in all shapes and sizes, performing widely divergent functions. They range from metropolitan municipalities of mega-cities to counties, small town councils, and villages. Their focus is either multi-purpose in the case of municipalities or single purpose in the case of special districts and school districts. What unites these institutions of state is that there is no level of government below them. That is also their strength and the source of their democratic claim - they are the government closest to the people. Political science experts from across the globe examine local governments by drawing on case studies of Australia, Austria, Brazil, Canada, Germany, India, Mexico, Nigeria, Switzerland, Spain, South Africa, and United States. Contributors include Martin Burgi (Ruhr-University Bochum), Luis Cesar de Queiroz Ribeiro (Federal University of Rio de Janeiro), Jaap de Visser (University of Western Cape), Habu Galadima (University of Jos), Sol Garson (Federal University of Rio de Janeiro) Boris Graizbord (National College of Mexico), Rakesh Hooja (HCM Rajasthan State Institute of Public Administration, India), Andreas Kiefer (European Affairs Office of the Land Salzburg), Andreas Ladner (Swiss Graduate School of Public Administration), George Mathew (Institute of Social Sciences, India), Mike Pagano (University of Illinois at Chicago), Graham Sansom (University of Technology Sydney), Franz Schausberger (Salzburg University), Nico Steytler (University of Western Cape), Francisco Velasco Caballero (Universidad Autónoma de Madrid), and Robert Young (University of Western Ontario).