social and political foundations of constitutions comparative constitutional law and policy

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Social And Political Foundations Of Constitutions

Author : Denis J. Galligan
ISBN : 9781107032880
Genre : Law
File Size : 38. 71 MB
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This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.

Social And Political Foundations Of Constitutions

Author : Director of the Centre for Socio-Legal Studies Denis Galligan
ISBN : 1306071984
Genre :
File Size : 82. 76 MB
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This volume explores the social and political forces behind constitution making from a global perspective.

Constitutional Acceleration Within The European Union And Beyond

Author : Paul Blokker
ISBN : 9781315453637
Genre : Law
File Size : 56. 20 MB
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Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

The Adventures Of The Constituent Power

Author : Andrew Arato
ISBN : 9781107126794
Genre : Law
File Size : 58. 10 MB
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This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

Constitutions In Authoritarian Regimes

Author : Tom Ginsburg
ISBN : 9781107047662
Genre : Law
File Size : 39. 69 MB
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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

American Constitutional Law

Author : Donald P. Kommers
ISBN : 1442205911
Genre : Law
File Size : 37. 50 MB
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American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.

The Oxford Handbook Of The Australian Constitution

Author : Cheryl Saunders
ISBN : 9780198738435
Genre : Law
File Size : 65. 4 MB
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Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

The High Court The Constitution And Australian Politics

Author : Rosalind Dixon
ISBN : 9781107043664
Genre : Law
File Size : 84. 36 MB
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This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.

The Oxford Handbook Of Law And Politics

Author : Keith E. Whittington
ISBN : 9780191615061
Genre : Political Science
File Size : 26. 94 MB
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The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Comparative Constitutional Traditions

Author : James T. McHugh
ISBN : STANFORD:36105111977562
Genre : Law
File Size : 29. 50 MB
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This book compares and contrasts several constitutional traditions from various regions of the world. The first chapter provides the foundation for norms, ideas, and values that frame this comparison. Western and Eastern concepts of law, the relationship of law and ideology, the common law and civil law systems, tribal law, property, rights and liberties, and other themes establish the basis for the remaining chapters of the book, which includes examinations of the American, British, Chinese, Canadian, Japanese, Indian, Nigerian, French, German, Saudi Arabian, and Mexican constitutional traditions within their legal and broader political contexts. This approach to comparative law at the constitutional level is the first one of its type, especially in terms of its diverse social science approach.

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