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Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9789041118837
Category : Philosophy
Languages : en
Pages : 472
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Book Description
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9789041118837
Category : Philosophy
Languages : en
Pages : 472
Get Book Here
Book Description
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
Author:
Publisher:
ISBN: 9789176710524
Category :
Languages : en
Pages : 180
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Book Description
This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.
Author: Peter E. Quint
Publisher: Princeton University Press
ISBN: 1400822165
Category : History
Languages : en
Pages : 494
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Book Description
In the mid-summer of 1989 the German Democratic Republic-- known as the GDR or East Germany--was an autocratic state led by an entrenched Communist Party. A loyal member of the Warsaw Pact, it was a counterpart of the Federal Republic of Germany (West Germany), which it confronted with a mixture of hostility and grudging accommodation across the divide created by the Cold War. Over the following year and a half, dramatic changes occurred in the political system of East Germany and culminated in the GDR's "accession" to the Federal Republic itself. Yet the end of Germany's division evoked its own new and very bitter constitutional problems. The Imperfect Union discusses these issues and shows that they are at the core of a great event of political, economic, and social history. Part I analyzes the constitutional history of eastern Germany from 1945 through the constitutional changes of 1989-1990 and beyond to the constitutions of the re-created east German states. Part II analyzes the Unification Treaty and the numerous problems arising from it: the fate of expropriated property on unification; the unification of the disparate eastern and western abortion regimes; the transformation of East German institutions, such as the civil service, the universities, and the judiciary; prosecution of former GDR leaders and officials; the "rehabilitation" and compensation of GDR victims; and the issues raised by the fateful legacy of the files of the East German secret police. Part III examines the external aspects of unification.
Author: Hiroshi Kabashima
Publisher: Springer
ISBN: 3658219963
Category : Business & Economics
Languages : en
Pages : 211
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Book Description
The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.
Author: László Sólyom
Publisher: University of Michigan Press
ISBN: 9780472109654
Category : Law
Languages : en
Pages : 444
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Book Description
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Author: John R. Vile
Publisher: Rowman & Littlefield Publishers
ISBN: 1442203862
Category : Law
Languages : en
Pages : 574
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Book Description
First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
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Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Takao Suami
Publisher: Cambridge University Press
ISBN: 1108417116
Category : History
Languages : en
Pages : 625
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Book Description
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author: Antonio Rosmini
Publisher: Lexington Books
ISBN: 9780739107256
Category : Law
Languages : en
Pages : 248
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Book Description
Antonio Rosmini-Serbati (1797D1855) was one of the first natural law scholars to bring natural law thinking into a conversation with the market economic order that was beginning to emerge in Europe in the 19th century. His reflections on matters such as the origin, nature, and limits of private property, the role of the state, and the nature of human reason show him to be a unique, innovative thinker who nonetheless was determined to work within the parameters of Catholic doctrine. Many of these ideas are concretized in his seminal work The Constitution Under Social Justice, a text that has profound instights to offer those today seeking to integrate theology, philosophy, and economics into their conceptions of a social order that aspires to be both free and just.
Author: Michel Rosenfeld
Publisher: Duke University Press
ISBN: 9780822315162
Category : History
Languages : en
Pages : 452
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Book Description
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
