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Author: Vicki C. Jackson
Publisher: Cambridge University Press
ISBN: 1009178105
Category : Law
Languages : en
Pages : 281
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Book Description
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
Author: Vicki C. Jackson
Publisher: Cambridge University Press
ISBN: 1009178105
Category : Law
Languages : en
Pages : 281
Get Book Here
Book Description
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1107068959
Category : Law
Languages : en
Pages : 415
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Book Description
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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Book Description
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author: Stephen Gardbaum
Publisher: Cambridge University Press
ISBN: 1107009286
Category : Law
Languages : en
Pages : 275
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Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: N. W. Barber
Publisher: Oxford University Press
ISBN: 0192535684
Category : Law
Languages : en
Pages : 417
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Book Description
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 1139467913
Category : Political Science
Languages : en
Pages : 280
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Book Description
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Author: Roberto Gargarella
Publisher:
ISBN: 0199937966
Category : History
Languages : en
Pages : 298
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Book Description
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Steven J. Kautz
Publisher: University of Pennsylvania Press
ISBN: 0812221907
Category : Law
Languages : en
Pages : 328
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Book Description
In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.
