comparative constitutional law university casebook series

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Comparative Constitutional Law

Author : Vicki C. Jackson
ISBN : 1587786044
Genre : Law
File Size : 74. 13 MB
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This documentary supplement supports the use of Jackson and Tushnetâe(tm)s Comparative Constitutional Law and contains substantial examples from the constitutions discussed in that casebook. The second edition expands the treatment "dialogic" forms of judicial review, presenting material on the British Human Rights Act, and recent scholarly analyses of these forms of review. It incorporates a substantial discussion of the treatment of emergencies in the worlds's constitutional systems, focusing on the extent to which constitutions regulate government operations in emergencies by requiring executives to obtain authorization from legislatures or, in contrast, do so through direct judicial supervision of executive action.

The U S Constitution And Comparative Constitutional Law

Author : Steven Calabresi
ISBN : 1628101903
Genre :
File Size : 50. 30 MB
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With an Introduction by Justice Alito, this Comparative Constitutional Law casebook stands apart from other casebooks. It focuses on the 15 constitutional democracies in the G-20 Nations: 1) the United States, 2) the United Kingdom, 3) France, 4) Germany, 5) Japan, 6) Italy, 7) India, 8) Canada, 9) Australia, 10) Brazil, 11) South Korea, 12) South Africa, 13) Indonesia, 14) Mexico, and 15) the European Union. The G-20 Nations together comprise 85% of the world's GDP and two-thirds of the world's population. Thus, this casebook maintains a better sense of relevance than similar books, which often focus heavily on esoteric jurisdictions. It is also less Euro-centric than competing books; most chapters include cases from Brazil, Mexico, and India. Substantively, this casebook compares the constitutional law of the selected countries with respect to fourteen topics: 1) constitutionalism - constitutional history, constitution-making, amendment, and secession rules; 2) the emergence and nature of judicial review; 3) the separation of powers, bicameralism, and comparative administrative law; 4) federalism; 5) bills of rights, birthright freedom and equality, and human dignity; 6) equal protection of the laws; 7) freedom of expression; 8) freedom of religion; 9) civil, criminal, and appellate procedure; 10) protection of economic liberties; 11) positive social entitlements and state action; and, finally, 12) constitutional guarantees of democracy. It concludes with ideas that are of particular relevance to U.S. constitutional law. Pedagogically, this casebook contains more cases and fewer law review articles than competing books, making it teacher-friendly. It can be taught in a three-day weekly format, in a two-day weekly format, or in a once-a-week seminar format. It is accompanied by a comprehensive teacher's manual and suggested syllabi.

Constitutional Law

Author :
ISBN : 1634594479
Genre :
File Size : 36. 17 MB
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The Gender Of Constitutional Jurisprudence

Author : Beverley Baines
ISBN : 052153027X
Genre : Law
File Size : 65. 7 MB
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To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters.

Rule Of Law And Fundamental Rights

Author : Alfredo Narváez Medécigo
ISBN : 9783319245621
Genre : Law
File Size : 83. 67 MB
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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

The Oxford Handbook Of European Legal History

Author : Heikki Pihlajamäki
ISBN : 9780191088377
Genre : Law
File Size : 27. 85 MB
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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

American Constitutionalism Heard Round The World 1776 1989

Author : George Athan Billias
ISBN : 9780814791073
Genre : History
File Size : 89. 17 MB
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Middle Easterners: Sometimes White, Sometimes Not - an article by John Tehranian The Middle Eastern question lies at the heart of the most pressing issues of our time: the war in Iraq and on terrorism, the growing tension between preservation of our national security and protection of our civil rights, and the debate over immigration, assimilation, and our national identity. Yet paradoxically, little attention is focused on our domestic Middle Eastern population and its place in American society. Unlike many other racial minorities in our country, Middle Eastern Americans have faced rising, rather than diminishing, degrees of discrimination over time; a fact highlighted by recent targeted immigration policies, racial profiling, a war on terrorism with a decided racialist bent, and growing rates of job discrimination and hate crime. Oddly enough, however, Middle Eastern Americans are not even considered a minority in official government data. Instead, they are deemed white by law. In Whitewashed, John Tehranian combines his own personal experiences as an Iranian American with an expert’s analysis of current events, legal trends, and critical theory to analyze this bizarre Catch-22 of Middle Eastern racial classification. He explains how American constructions of Middle Eastern racial identity have changed over the last two centuries, paying particular attention to the shift in perceptions of the Middle Easterner from friendly foreigner to enemy alien, a trend accelerated by the tragic events of 9/11. Focusing on the contemporary immigration debate, the war on terrorism, media portrayals of Middle Easterners, and the processes of creating racial stereotypes, Tehranian argues that, despite its many successes, the modern civil rights movement has not done enough to protect the liberties of Middle Eastern Americans. By following how concepts of whiteness have transformed over time, Whitewashed forces readers to rethink and question some of their most deeply held assumptions about race in American society.

Constitutional Law Casebookplus

Author : Kathleen Sullivan
ISBN : 1634608801
Genre :
File Size : 79. 92 MB
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As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and digital access to leading study aids in that subject and the Gilbert® Law Dictionary. The included study aids are Constitutional Law in a Nutshell, Acing Constitutional Law and A Short & Happy Guide to Constitutional Law. The redemption code will be shipped to you with the book. The Nineteenth Edition is an updated version of this classic casebook, adding new materials on the Supreme Courtâe(tm)s most recent decisions on federal power, free speech, equal protection and religious freedom to its existing comprehensive coverage of separation of powers, federalism, civil rights and civil liberties. This casebook provides a unique combination of clearly structured and lawyerly coverage of the cases with rich historical, theoretical, and philosophical materials that illuminate the development of our constitutional law. In the 19th edition, you will find the latest decisions on gay marriage, street signs and confederate flags, campaign contribution limits, congressional power over voting rights, and religious exemptions from health care mandates, among many others. The note materials and questions in the casebook make it easy to structure classes and promote lively discussion. And comparative examples from the constitutional law of other nations are provided throughout.

Harvard Law Review

Author :
ISBN : UOM:39015016282967
Genre : Law
File Size : 33. 89 MB
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Comparative Law

Author : Rudolf B. Schlesinger
ISBN : STANFORD:36105062300020
Genre : Law
File Size : 75. 65 MB
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Among the developments considered are the legal changes that have resulted from the demise of the Soviet empire and of ?socialist ? law; the continuing impact that both European Community law and regional human rights law have had on the internal legal systems of European countries; concomitant tensions toward a revised ?common law of Europe? and toward a closer ?convergence? between civil and common law systems; and renewed attention to the methodological problems faced by comparative law, in part because of these other developments.

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