engineering constitutional change a comparative perspective on europe canada and the usa routledge research in constitutional law

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Engineering Constitutional Change

Author : Xenophōn I. Kontiadēs
ISBN : 9780415529761
Genre : Law
File Size : 52. 39 MB
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This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country's amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering. This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.

General Principles Of Law

Author : Stefan Vogenauer
ISBN : 9781509910694
Genre : Law
File Size : 43. 90 MB
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Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
ISBN : 9780191081446
Genre : Law
File Size : 32. 83 MB
Format : PDF
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Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Current Research In Britain

Author : [Anonymus AC01436991]
ISBN : 1860670679
Genre : Research
File Size : 32. 25 MB
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Forthcoming Books

Author : Rose Arny
ISBN : UOM:39015046820406
Genre : American literature
File Size : 49. 40 MB
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Directory Of Published Proceedings

Author :
ISBN : UOM:39015076219289
Genre : Social sciences
File Size : 81. 4 MB
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Books In Print Supplement 1994 1995

Author : Bowker Editorial Staff
ISBN : 0835235106
Genre :
File Size : 50. 3 MB
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Bibliography Of Asian Studies

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ISBN : UOM:39015036112194
Genre : Asia
File Size : 52. 97 MB
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International Books In Print

Author : Archie Rugh
ISBN : 3598222890
Genre : English imprints
File Size : 21. 65 MB
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Books In Print

Author : R.R. Bowker Company
ISBN : UOM:39015054035236
Genre : American literature
File Size : 68. 28 MB
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