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Author: Anne Twomey
Publisher: Cambridge University Press
ISBN: 1107056780
Category : Law
Languages : en
Pages : 913
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Book Description
The extension to other Realms of the reserve power to refuse a dissolution
Author: Anne Twomey
Publisher: Cambridge University Press
ISBN: 1107056780
Category : Law
Languages : en
Pages : 913
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Book Description
The extension to other Realms of the reserve power to refuse a dissolution
Author: Bulmer, W.
Publisher: Policy Press
ISBN: 1529200636
Category : Political Science
Languages : en
Pages : 304
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Book Description
Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.
Author: Douglas G. Morris
Publisher: Cambridge University Press
ISBN: 1108890377
Category : Law
Languages : en
Pages : 303
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Book Description
The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State – a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance – its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.
Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 1108493262
Category : Law
Languages : en
Pages : 509
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Book Description
Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
Author: Peter Cane
Publisher:
ISBN: 0198799985
Category : Law
Languages : en
Pages : 1169
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Book Description
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Author: Jason Grant Allen
Publisher: Cambridge University Press
ISBN: 1009037560
Category : Law
Languages : en
Pages : 647
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Book Description
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
Author: Peta Stephenson
Publisher: Bloomsbury Publishing
ISBN: 1509942335
Category : Law
Languages : en
Pages : 201
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Book Description
The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and the limits which apply to it. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.
Author: Cerian Griffiths
Publisher: Taylor & Francis
ISBN: 1000969231
Category : Law
Languages : en
Pages : 272
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Book Description
Modern legal history is increasingly interested in exploring the development of legal systems from novel and nuanced approaches. This edited collection harnesses the lesser-researched perspectives of the impact of global and imperial factors on the development of law. It is argued that to better understand these timely discussions, we must understand the process and significance of colonisation itself. The volume brings together experts in the field of law and history to explore the ways in which law and lawyers contributed to the expansion of the British Empire, and the ways in which the Empire influenced the Metropole. The book sheds new light on the role of the law and legal actors during the pivotal centuries that saw the establishment of the Empire. Exploring such topics as Atlantic relations, the impact of British jurists upon Indian law, and the development of the law settler colonies, this collection reveals some of the lesser-known intersections between law, history, and empire. The book will be of interest to students and researchers in legal history, comparative history, equity and trusts, contract law, the legal profession, slavery, and the British Empire.
Author: Richard Adams
Publisher: Taylor & Francis
ISBN: 1040260888
Category : Political Science
Languages : en
Pages : 215
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Book Description
This book argues for reform of the convention that, when politicians decide on a course of action, the general in supreme command obeys without question. The entire spread‐out chain of command is unified in the general, who offers the only connection between the military and politics. Offering the sole connection between the military and politics, only the general can turn political directions into military command and capacitate war. Thus, the general has unique opportunity to resist unconscionable direction to launch an unjust war or to conduct or expand war unjustly. This book argues for reform, so the general has the right in law to refuse direction which is lawful, but awful. The legal capacity to refuse would mean the general would be expected to act responsibly, not merely as the unresisting pawn of politics. Such reform, creating legal opportunity for the supreme command to refuse lawful but unconscionable directives, might avert unjust war. This book will be of much interest to students of the ethics of war, civil‐military relations, and international relations.
Author: D. Michael Jackson
Publisher: Dundurn
ISBN: 1459745744
Category : Political Science
Languages : en
Pages : 228
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Book Description
Twelve authorities on the constitutional monarchy in Canada discuss how this historic institution, inherited from the United Kingdom and shared with fourteen other countries, will change after the long reign of Queen Elizabeth II comes to a close.
