Author: Susan H. Williams
Publisher: Cambridge University Press
ISBN: 1107729483
Category : Political Science
Languages : en
Pages : 377
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Book Description
In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1009286048
Category : Law
Languages : en
Pages : 405
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Book Description
Filling a gap in the fields of comparative law, religious studies, and political science, this is the first comprehensive account of Buddhism's complex entanglement with constitutional law, written by experts from across Asia and beyond.
Author: Lydia Tiede
Publisher: Cambridge University Press
ISBN: 1009079220
Category : Law
Languages : en
Pages : 325
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Book Description
How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1316517837
Category : Law
Languages : en
Pages : 197
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Book Description
Analyses why constitution-designers have come to establish institutions protecting constitutional democracy in modern constitutions.
Author: Zeynep Yanasmayan
Publisher: Cambridge University Press
ISBN: 1108497624
Category : Law
Languages : en
Pages : 427
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Book Description
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Author: Victor Ferreres Comella
Publisher: Cambridge University Press
ISBN: 1108842836
Category : Law
Languages : en
Pages : 235
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Book Description
The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
Author: Alexander Hudson
Publisher: Cambridge University Press
ISBN: 1108840078
Category : Law
Languages : en
Pages : 241
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Book Description
Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1108905048
Category : Law
Languages : en
Pages : 291
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Book Description
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
Author: Rehan Abeyratne
Publisher: Cambridge University Press
ISBN: 1108887996
Category : Law
Languages : en
Pages : 361
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Book Description
In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.
Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 1108417574
Category : Law
Languages : en
Pages : 595
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Book Description
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
