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Author: Francesco Biagi
Publisher: Cambridge University Press
ISBN: 1108489397
Category : Law
Languages : en
Pages : 261
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Book Description
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Author: Francesco Biagi
Publisher: Cambridge University Press
ISBN: 1108489397
Category : Law
Languages : en
Pages : 261
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Book Description
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Author: Justin Frosini
Publisher: Routledge
ISBN: 1317597451
Category : Political Science
Languages : en
Pages : 197
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Book Description
The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields. Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies.
Author: Tom Gerald Daly
Publisher: Oxford University Press
ISBN: 0192899368
Category : Law
Languages : en
Pages : 401
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Book Description
What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? Democratic Consolidation and Constitutional Endurance in Asia and Africa is a well-articulated response to the growing scholarly conversation on democratic backsliding and resilience. Bringing together leading and emerging voices in constitutional law, this groundbreaking new collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Across seven thematic chapters and seven case studies, the volume provides analytical insight into central topics arising from these events, including the role of political parties which depart from 'Western' frameworks; the often-marginalised place of courts; the centrality of civil-military relations; the explanatory power of constitutional culture; and the impact of the COVID-19 pandemic. Offering a decolonising approach to constitutional law and democratisation studies, this book will be of keen interest to scholars, practitioners, and policymakers alike. It is essential reading for anyone seeking to understand the relationship between democratic decay and institutional endurance, and how such a relationship plays out in conditions of ongoing constitutional development.
Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 110827885X
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. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.
Author: Georg Nolte
Publisher: Council of Europe
ISBN: 9287157138
Category : Political Science
Languages : en
Pages : 257
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Book Description
This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674268024
Category : LAW
Languages : en
Pages : 273
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Book Description
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: Limor Yehuda
Publisher: Cambridge University Press
ISBN: 1009093185
Category : Political Science
Languages : en
Pages : 355
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Book Description
In recent decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in places characterized by ethnically based political exclusion and inequalities. By introducing the concept of 'Collective Equality' as a new theoretical basis for the law of peace, this timely book proposes a new approach for dealing with the tensions between peace-related arrangements and human rights norms. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts, and provides potent guidance for advancing justice and peace in such places.
Author: Armin von Bogdandy
Publisher: Bloomsbury Publishing
ISBN: 1782253343
Category : Law
Languages : en
Pages : 496
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Book Description
The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.
Author: Cheng-Yi Huang
Publisher: Taylor & Francis
ISBN: 042999883X
Category : Law
Languages : en
Pages : 263
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Book Description
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 904742784X
Category : Political Science
Languages : en
Pages : 401
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Book Description
The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law. Contributors are: S.A.Arjomand, Nathan J. Brown, Ruth Gavison, Julian Go, Keyvan Tabari, Heinz Klug, Jill Cottrell, Yash Ghai, László Sólyom, Jacek Kurczewski, Anders Fogelklou, Grażyna Skąpska, Dieter Grimm, Kim Lane Scheppele, Ruth Rubio Marín , and Dicle Kogacioğlu.
