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Author: András Sajó Publisher: Eleven International Publishing ISBN: Category : Law Languages : en Pages : 440
Book Description
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
Author: András Sajó Publisher: Eleven International Publishing ISBN: Category : Law Languages : en Pages : 440
Book Description
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
Author: Michel Rosenfeld Publisher: OUP Oxford ISBN: 0191640174 Category : Law Languages : en Pages : 1417
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: Christian Calliess Publisher: Cambridge University Press ISBN: 1108480438 Category : Law Languages : en Pages : 393
Book Description
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author: David Dyzenhaus Publisher: Oxford University Press ISBN: 0191069469 Category : Law Languages : en Pages : 350
Book Description
Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
Author: Gregory Shaffer Publisher: Cambridge University Press ISBN: 1108473105 Category : Law Languages : en Pages : 335
Book Description
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Author: Margit Feischmidt Publisher: Central European University Press ISBN: 9633863325 Category : Social Science Languages : en Pages : 310
Book Description
The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss the effects of legacy in memory and culture and suggest that both shift and legacy combine to produce the new era of identity politics. Legal experts emphasize that the new Fundamental Law of Hungary is radically different from all previous Hungarian constitutions, and clearly reflects a redefinition of the Hungarian state itself. The authors further examine the role of developments in the fields of sociology and political science that contribute to the kind of politics in which identity is at the fore.
Author: Ran Hirschl Publisher: Cambridge University Press ISBN: 1009473247 Category : Law Languages : en Pages : 387
Book Description
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
Author: Mathias Siems Publisher: Cambridge University Press ISBN: 1316865452 Category : Law Languages : en Pages : 532
Book Description
Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.
Author: John Anthony Rohr Publisher: ISBN: Category : Political Science Languages : en Pages : 398
Book Description
Recalling Tocqueville's exhortation for the French to "look to America" for a better understanding of their own government, John Rohr returns the favor by revealing how much we can learn about American constitutionalism from a close study of French governance. The French and American republics both emerged from the same revolutionary era and share a common commitment to separation of powers, rule of law, and republicanism. Even so, the two constitutional traditions are quite different. France, after all, has replaced its constitution at least thirteen times since 1789, while the American constitution has endured essentially intact. Yet, as Rohr shows, French constitutionalism merits our careful attention. Focusing upon the founding of the French Fifth Republic and the drafting of its constitution, Rohr compares the nations' divergent approaches to executive, legislative, and judicial power; independent administrative authority and discretion; and the relation of administrative law to statutory law. His analysis of France's divided versus our unified executive, the two presidents' exceptional powers, and their influence on the legislative process provides particularly fresh insights into how the two constitutional traditions promote and inhibit the capacity for administrative action. Rohr shows that French administrative institutions are much more thoroughly developed than their American counterparts due to recurrent presidential and constitutional crises. Without such a strong public administration, daily life in France would likely be extremely unstable if not quite chaotic. The proper role of the French institutions, he suggests, is largely determined by their relationship to elected officials whereas their American counterparts are essentially shaped by the constitutional order. A model for future comparative work in constitutional law and public administration, Rohr's study should help us see that the constitutional path we've pursued wasn't the only possibility—and why we've chosen that route nevertheless. As such, it should have great appeal for students, teachers, and practitioners in U.S. and French law, politics, and public administration.
Author: András Sajó
Author: András Sajó
Author: Michel Rosenfeld
Author: Christian Calliess
Author: David Dyzenhaus
Author: Gregory Shaffer
Author: Margit Feischmidt
Author: Ran Hirschl
Author: Theunis Roux
Author: Mathias Siems
Author: John Anthony Rohr