Research Handbook on the Politics of Constitutional Law PDF Download
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Author: Mark Tushnet
Publisher: Edward Elgar Publishing
ISBN: 9781839101632
Category :
Languages : en
Pages : 0
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Book Description
Constitutional law is a 'semi-autonomous' discipline, where texts and doctrines are completely and complexly intertwined with the political systems within which constitutional law is found. This timely Research Handbook develops the idea that understanding constitutional law means understanding constitutional politics as well. Using both comparative and political analysis, this forward-looking reference work deals with the politics of constitutional law around the world, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. The chapters are meticulously organised around 'foundations', 'structures', 'rights' and 'futures', providing a well-rounded overview of the topic and noting the key recent developments in the field. The distinction between law and politics is of course a contested one and the selection of prominent established and emerging scholars and contributors to this Handbook implicitly offer varying perspectives on it. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for both legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Author: Mark Tushnet
Publisher: Edward Elgar Publishing
ISBN: 9781839101632
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Constitutional law is a 'semi-autonomous' discipline, where texts and doctrines are completely and complexly intertwined with the political systems within which constitutional law is found. This timely Research Handbook develops the idea that understanding constitutional law means understanding constitutional politics as well. Using both comparative and political analysis, this forward-looking reference work deals with the politics of constitutional law around the world, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. The chapters are meticulously organised around 'foundations', 'structures', 'rights' and 'futures', providing a well-rounded overview of the topic and noting the key recent developments in the field. The distinction between law and politics is of course a contested one and the selection of prominent established and emerging scholars and contributors to this Handbook implicitly offer varying perspectives on it. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for both legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Author: Robert M. Howard
Publisher: Edward Elgar Publishing
ISBN: 1800378343
Category : Law
Languages : en
Pages : 380
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Book Description
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
Author: Susan M. Sterett
Publisher: Edward Elgar Publishing
ISBN: 1788113209
Category : Law
Languages : en
Pages : 512
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Book Description
The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Daniel A. Farber
Publisher: Edward Elgar Pub
ISBN: 9781847206749
Category : Law
Languages : en
Pages : 502
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Book Description
'. . . this volume offers valuable insights into theories of public choice and their application to public law. . . one of the benefits that the Handbook offers environmental lawyers is the opportunity to engage in an interdisciplinary scholarly exchange: to challenge and confirm claims about environmental law and environmental regulatory processes as set out in public choice theory.' - Sanja Bogojevi?, Climate Law
Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191615064
Category : Political Science
Languages : en
Pages : 832
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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: Anthony F. Lang, Jr.
Publisher: Edward Elgar Publishing
ISBN: 1783477350
Category : Law
Languages : en
Pages : 477
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Book Description
This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
Author: Wayne Sandholtz
Publisher: Edward Elgar Publishing
ISBN: 1783473983
Category : Law
Languages : en
Pages : 609
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Book Description
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Author: O’Connell, Paul
Publisher: Edward Elgar Publishing
ISBN: 178811986X
Category : Law
Languages : en
Pages : 608
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Book Description
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
Author: Michel Rosenfeld
Publisher: OUP Oxford
ISBN: 0191640166
Category : Law
Languages : en
Pages : 1416
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Book Description
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
