The Oxford Handbook of Comparative Constitutional Law PDF Download
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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.
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.
Author: Henry Campbell Black
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 950
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Book Description
Author: Mark Tushnet
Publisher: Routledge
ISBN: 1135100195
Category : Law
Languages : en
Pages : 529
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Book Description
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Author: Felix S. Cohen
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 700
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Book Description
Author: Federal Law Enforcement Training Center. Legal Division
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 596
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Book Description
"The mission of the Federal Law Enforcement Training Center (FLETC) is to serve as the federal government's leader for and provider of world-class law enforcement training.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944
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Book Description
Author: Brien A Roche
Publisher: Sourcebooks, Inc.
ISBN: 140224035X
Category : Law
Languages : en
Pages : 274
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Book Description
A solid reference for both the everyday and the unexpected legal issues, written by practicing attorneys Law 101 is an essential reference that explains: How laws are made How the court system works How each area of the law impacts your daily life Key information for important questions: How does a lawsuit begin? How do civil and criminal law differ? When do state laws trump federal laws? What makes a contract solid? What can you expect if called as a juror? What can you expect if called as a witness? And other complex areas of the law that you need to know. No home reference shelf is complete without this indispensible guide. The new edition also includes information on legal subjects that have become more important recently, including alternative dispute resolution, privacy rights, and Internet law.
Author: Tobias A. Dorsey
Publisher: TheCapitol.Net Inc
ISBN: 1587330156
Category : Language Arts & Disciplines
Languages : en
Pages : 106
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Book Description
The Legislative Drafter's Deskbook offers practical advice and insight for those engaged in legislative drafting, those more interested in policy than drafting itself, or those interested in reading and interpreting the law. The Legislative Drafter's Deskbook helps anyone understand why laws are drafted the way they are. This book explains why laws are drafted the way they are. Legislative drafting is - to the extent it is writing at all - the form of writing used for legislative measures, a category that covers original bills and resolutions as well as amendments. Ultimately, legislative drafting is the form of writing used for enacted law. The focus of this book is on legislative drafting for the Congress of the United States, but many, if not most, of the principles described here apply just as well to drafting for other legislatures. As forms of writing go, drafting is not freewheeling like poetry, nor showy like rhetoric, nor personal like a novel. Drafting is disciplined, rigorous, and analytical. Done well, drafting can also be creative, elegant, and clever. (Unfortunately, drafting is not always done well.) The purpose of this book is to provide practical advice on drafting to anyone who does, or may, engage in drafting, and indirectly to provide insight into the drafting process to other interested people. For example, this book is for people who are more interested in policy than in drafting, but want to understand why drafters operate the way they do. It is also for people who are more interested in reading and interpreting the law than in drafting, but want to understand why laws are drafted the way they are. It is hoped that this book will be accessible to beginners while remaining valuable to veterans. The traditional method of training drafters is to train them on the job; the consensus is that drafting is best learned holistically, on a case-by-case basis. For that reason this book is best used as a resource, not a course. It is a supplement to, not a substitute for, the learning that comes from experience. The author designed this book to answer the variety of questions about drafting that arise daily in the work of individuals with a professional interest in how bills, resolutions, and laws are drafted. The approach used here is pragmatic: You will find no linguistic theories or esoteric conundrums discussed here. What you will find is solid advice for everyday drafting projects. "A masterful work. It is comprehensive and exceptionally well written. It is an essential tool for anyone who drafts legislation or interprets the law." -- William K. Suter, Clerk of the United States Supreme Court "An essential and indispensable book, both as a reference work and as a thorough introduction to Federal legislative drafting." -- Frank Burk, Legislative Counsel of the United States Senate 1991-1998 "The succinct and thorough assessment of good legislative drafting techniques provides a set of 'best practices' for drafters at all levels of government." -- Elizabeth Garrett, Sydney M. Irmas Professor of Public Interest Law, University of Southern California "State legislative drafters will also greatly appreciate this work." -- Bruce Feustel, Senior Fellow, NCSL Summary of Contents 1. Being a Drafter 2. Understanding How Laws Are Made 3. Considering the Courts: Statutory Interpretation 4. Thinking Through the Policy 5. Choosing the Right Measure 6. Writing Effectively 7. Organizing and Arranging 8. Using the Right Style 9. Affecting and Amending Other Laws 10. Working in, and Working with, the Executive Branch Appendices Back of the Book Table of Cases Table of Constitutional Provisions Table of Statutes at Large Table of Public Laws Table of U.S. Code Sections Index Complete Table of Contents online at www.LegislativeDraftersDeskbook.com
Author: Christopher May
Publisher: Edward Elgar Publishing
ISBN: 1786432447
Category : Law
Languages : en
Pages : 553
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Book Description
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
