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Author : M. J. A. Cooray
Publisher :
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.3/5 (91 download)
Download or read book Judicial Role Under the Constitutions of Ceylon/Sri Lanka written by M. J. A. Cooray and published by . This book was released on 1982 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Imtiaz Omar
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004633758
Total Pages : 409 pages
Book Rating : 4.0/5 (46 download)
Download or read book Rights, Emergencies and Judicial Review written by Imtiaz Omar and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.
Author : Dian A. H. Shah
Publisher : Cambridge University Press
ISBN 13 : 1107183340
Total Pages : 307 pages
Book Rating : 4.1/5 (71 download)
Download or read book Constitutions, Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author : H. P. Lee
Publisher : Cambridge University Press
ISBN 13 : 1107137721
Total Pages : 473 pages
Book Rating : 4.1/5 (71 download)
Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Author : Malaya
Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.3/5 (243 download)
Download or read book Ordinances and Acts written by Malaya and published by . This book was released on 1959 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Author : Benjamin Schonthal
Publisher : Cambridge University Press
ISBN 13 : 1107152232
Total Pages : 319 pages
Book Rating : 4.1/5 (71 download)
Download or read book Buddhism, Politics and the Limits of Law written by Benjamin Schonthal and published by Cambridge University Press. This book was released on 2016-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Author : Shimon Shetreet
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004188339
Total Pages : 690 pages
Book Rating : 4.0/5 (41 download)
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2011-11-11 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.
Author : Ivor Jennings
Publisher : Cambridge University Press
ISBN 13 : 9780521054294
Total Pages : 246 pages
Book Rating : 4.0/5 (542 download)
Download or read book The British Constitution written by Ivor Jennings and published by Cambridge University Press. This book was released on 1967-01-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The British Constitution is accepted, in England at least, as the symbol for soundness and reliability: and yet its unwritten mysteries and its practical resilience are the despair of theorists. It is as unexpected as a person, and seems to be defined only by the fact that it lives and works. This 1966 book, then, might be described as a biography by one who has a first-hand knowledge of his subject. It offers ordinary British citizens a reasonable and detached introduction to the system in which they play so large a part; at the same time it provides, for friends and critics overseas, a simple and reliable account of its growth and functioning.
Author : Ngoc Son Bui
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949755
Total Pages : 513 pages
Book Rating : 4.5/5 (99 download)
Download or read book Asian Comparative Constitutional Law, Volume 2 written by Ngoc Son Bui and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions. Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as: - Who initiates an amendment proposal? - How is the amendment proposal adopted? - How are the amendments codified? and the neo-institutional questions regarding amendment practices such as: - Why is the constitution amended? - Who engages in the amendment process? - How does the amendment affect the political system and the society? Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
Author : H. Kumarasingham
Publisher : Routledge
ISBN 13 : 1317245105
Total Pages : 223 pages
Book Rating : 4.3/5 (172 download)
Download or read book Constitution-making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Author : Ngoc Son Bui
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949704
Total Pages : 495 pages
Book Rating : 4.5/5 (99 download)
Download or read book Asian Comparative Constitutional Law, Volume 1 written by Ngoc Son Bui and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.
Author : Andrew Coan
Publisher : Harvard University Press
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Author : Joseph A. L. Cooray
Publisher :
ISBN 13 :
Total Pages : 1014 pages
Book Rating : 4.3/5 (91 download)
Download or read book Constitutional and Administrative Law of Sri Lanka written by Joseph A. L. Cooray and published by . This book was released on 1995 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shimon Shetreet
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004215859
Total Pages : 689 pages
Book Rating : 4.0/5 (42 download)
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2011-11-11 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
Author : Andrew Harding
Publisher : BRILL
ISBN 13 : 900463309X
Total Pages : 331 pages
Book Rating : 4.0/5 (46 download)
Download or read book Law, Government and the Constitution in Malaysia written by Andrew Harding and published by BRILL. This book was released on 2024-01-22 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.
Author : Maria Popova
Publisher : Cambridge University Press
ISBN 13 : 1107379059
Total Pages : pages
Book Rating : 4.1/5 (73 download)
Download or read book Politicized Justice in Emerging Democracies written by Maria Popova and published by Cambridge University Press. This book was released on 2012-01-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.
