Constitutional Models

Download Constitutional Models full books in PDF, epub, and Kindle. Read online Constitutional Models ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Identity of the Constitutional Subject

Author : Michel Rosenfeld
Publisher : Routledge
ISBN 13 : 1135253285
Total Pages : 344 pages
Book Rating : 4.1/5 (352 download)

DOWNLOAD NOW!

Book Synopsis The Identity of the Constitutional Subject by : Michel Rosenfeld

Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

The New Commonwealth Model of Constitutionalism

Author : Stephen Gardbaum
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!

Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Comparative Constitutional Design

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!

Book Synopsis Comparative Constitutional Design by : Tom Ginsburg

Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

The Global Model of Constitutional Rights

Author : Kai Möller
Publisher : Oxford University Press
ISBN 13 : 0199664609
Total Pages : 239 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!

Book Synopsis The Global Model of Constitutional Rights by : Kai Möller

Download or read book The Global Model of Constitutional Rights written by Kai Möller and published by Oxford University Press. This book was released on 2012-10-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.

Constitutional Law

Author : Kevin Saunders
Publisher : Oxford University Press
ISBN 13 : 0199916268
Total Pages : 217 pages
Book Rating : 4.1/5 (999 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Law by : Kevin Saunders

Download or read book Constitutional Law written by Kevin Saunders and published by Oxford University Press. This book was released on 2013-04-25 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, Oxford University Press equips students with an accessible guide to exercising their understanding of the fundamental law of the United States on law school exams. In Constitutional Law: Model Problems and Outstanding Answers, Kevin Saunders and Michael Lawrence help students demonstrate their knowledge of constitutional law in the structured and sophisticated manner that professors expect on law school exams.

Law, Liberty and State

Author : David Dyzenhaus
Publisher : Cambridge University Press
ISBN 13 : 1107093384
Total Pages : 349 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!

Book Synopsis Law, Liberty and State by : David Dyzenhaus

Download or read book Law, Liberty and State written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2015-05-28 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.

Abusive Constitutional Borrowing

Author : Rosalind Dixon
Publisher :
ISBN 13 : 9780192645883
Total Pages : pages
Book Rating : 4.6/5 (458 download)

DOWNLOAD NOW!

Book Synopsis Abusive Constitutional Borrowing by : Rosalind Dixon

Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science."--

Constitutional Democracy

Author : J nos Kis
Publisher : Central European University Press
ISBN 13 : 9789639241329
Total Pages : 344 pages
Book Rating : 4.2/5 (413 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Democracy by : J nos Kis

Download or read book Constitutional Democracy written by J nos Kis and published by Central European University Press. This book was released on 2003-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Courts, Politics and Constitutional Law

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

DOWNLOAD NOW!

Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Freedom of Speech

Author : Uladzislau Belavusau
Publisher : Routledge
ISBN 13 : 1135071985
Total Pages : 300 pages
Book Rating : 4.1/5 (35 download)

DOWNLOAD NOW!

Book Synopsis Freedom of Speech by : Uladzislau Belavusau

Download or read book Freedom of Speech written by Uladzislau Belavusau and published by Routledge. This book was released on 2013-10-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

Borrowing Constitutional Designs

Author : Cindy Skach
Publisher : Princeton University Press
ISBN 13 : 1400832624
Total Pages : 168 pages
Book Rating : 4.4/5 (8 download)

DOWNLOAD NOW!

Book Synopsis Borrowing Constitutional Designs by : Cindy Skach

Download or read book Borrowing Constitutional Designs written by Cindy Skach and published by Princeton University Press. This book was released on 2011-02-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.

The Three Branches

Author : Christoph Möllers
Publisher : Oxford University Press
ISBN 13 : 0199602115
Total Pages : 275 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!

Book Synopsis The Three Branches by : Christoph Möllers

Download or read book The Three Branches written by Christoph Möllers and published by Oxford University Press. This book was released on 2013-03-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

Europe's Functional Constitution

Author : Turkuler Isiksel
Publisher : Oxford University Press
ISBN 13 : 019875907X
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

DOWNLOAD NOW!

Book Synopsis Europe's Functional Constitution by : Turkuler Isiksel

Download or read book Europe's Functional Constitution written by Turkuler Isiksel and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

Constitutional Courts in Comparison

Author : Ralf Rogowski
Publisher :
ISBN 13 : 9781785332739
Total Pages : 304 pages
Book Rating : 4.3/5 (327 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Courts in Comparison by : Ralf Rogowski

Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2016 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

Shari'a and the Constitution in Contemporary Legal Models

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
ISBN 13 : 3031378369
Total Pages : 304 pages
Book Rating : 4.0/5 (313 download)

DOWNLOAD NOW!

Book Synopsis Shari'a and the Constitution in Contemporary Legal Models by : Federico Lorenzo Ramaioli

Download or read book Shari'a and the Constitution in Contemporary Legal Models written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

DOWNLOAD NOW!

Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Law and Politics of Constitutional Courts

Author : Stefanus Hendrianto
Publisher : Routledge
ISBN 13 : 135158491X
Total Pages : 359 pages
Book Rating : 4.3/5 (515 download)

DOWNLOAD NOW!

Book Synopsis Law and Politics of Constitutional Courts by : Stefanus Hendrianto

Download or read book Law and Politics of Constitutional Courts written by Stefanus Hendrianto and published by Routledge. This book was released on 2018-04-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.