Making Constitutional Law

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Constitution Making

Author : Sujit Choudhry
Publisher : Edward Elgar Publishing
ISBN 13 : 9781783472956
Total Pages : 0 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis Constitution Making by : Sujit Choudhry

Download or read book Constitution Making written by Sujit Choudhry and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.

Constitution-Making and Transnational Legal Order

Author : Gregory Shaffer
Publisher : Cambridge University Press
ISBN 13 : 1108473105
Total Pages : 335 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitution-Making and Transnational Legal Order by : Gregory Shaffer

Download or read book Constitution-Making and Transnational Legal Order written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2019-04-18 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Constitution-making

Author : Edward McWhinney
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitution-making by : Edward McWhinney

Download or read book Constitution-making written by Edward McWhinney and published by . This book was released on 1981 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Supreme Courts and Judicial Law-Making

Author : Edward McWhinney
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024732036
Total Pages : 334 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Supreme Courts and Judicial Law-Making by : Edward McWhinney

Download or read book Supreme Courts and Judicial Law-Making written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1986 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .

Asian Comparative Constitutional Law, Volume 1

Author : Ngoc Son Bui
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949704
Total Pages : 495 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Asian Comparative Constitutional Law, Volume 1 by : Ngoc Son Bui

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.

Constitutional Politics

Author : Sotirios A. Barber
Publisher : Princeton University Press
ISBN 13 : 9780691088693
Total Pages : 354 pages
Book Rating : 4.0/5 (886 download)

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Book Synopsis Constitutional Politics by : Sotirios A. Barber

Download or read book Constitutional Politics written by Sotirios A. Barber and published by Princeton University Press. This book was released on 2001-12-09 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

Constitutional Law & Judicial Policy Making

Author : Joel B. Grossman
Publisher : John Wiley & Sons
ISBN 13 :
Total Pages : 1596 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Constitutional Law & Judicial Policy Making by : Joel B. Grossman

Download or read book Constitutional Law & Judicial Policy Making written by Joel B. Grossman and published by John Wiley & Sons. This book was released on 1980 with total page 1596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Constitution Making

Author : David E. Landau
Publisher :
ISBN 13 : 9781785365256
Total Pages : 0 pages
Book Rating : 4.3/5 (652 download)

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Book Synopsis Comparative Constitution Making by : David E. Landau

Download or read book Comparative Constitution Making written by David E. Landau and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.

Patterns of Constitutional Design

Author : Jonathan Wheatley
Publisher : Routledge
ISBN 13 : 1317083040
Total Pages : 215 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Patterns of Constitutional Design by : Jonathan Wheatley

Download or read book Patterns of Constitutional Design written by Jonathan Wheatley and published by Routledge. This book was released on 2016-05-13 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Judgment Calls

Author : Daniel A. Farber
Publisher : Oxford University Press
ISBN 13 : 0195371208
Total Pages : 218 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Judgment Calls by : Daniel A. Farber

Download or read book Judgment Calls written by Daniel A. Farber and published by Oxford University Press. This book was released on 2009 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judgment Calls, Daniel A. Farber and Suzanna Sherry present a fresh perspective on judicial review, taking aim at those who see only two types of approaches to judicial decisions: one based on constitutional law and one based on raw politics. Building on their previous book Beyond All Reason, which was a New York Times Notable Book of the Year, this volume is a similarly incisive challenge to some of the dominant tenets in mainstream legal studies and is sure to inspire debate. The authors aim to reconcile the democratic rule of law with the recognition that judges have discretion. The book takes on the problem of how the Supreme Court can operate in a principled way even in hard, politically charged cases where the legal materials fail to point unambiguously to a single outcome. Throughout, they describe the inherent constraints that keep judges from merely imposing their will, suggest standards for evaluating judicial performance, and make substantial suggestions for improvement. They close with a careful examination of the Supreme Court's controversial cases on the most pressing sociopolitical issues of recent times: the War on Terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.

Taking the Constitution Away from the Courts

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 0691070350
Total Pages : 256 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis Taking the Constitution Away from the Courts by : Mark Tushnet

Download or read book Taking the Constitution Away from the Courts written by Mark Tushnet and published by Princeton University Press. This book was released on 2000-08-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotationscription #Includes bibliographical references and index.

Law, Violence and Constituent Power

Author : Héctor López Bofill
Publisher : Routledge
ISBN 13 : 1000393844
Total Pages : 192 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Law, Violence and Constituent Power by : Héctor López Bofill

Download or read book Law, Violence and Constituent Power written by Héctor López Bofill and published by Routledge. This book was released on 2021-05-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Asian Comparative Constitutional Law, Volume 1

Author : Ngoc Son Bui
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949712
Total Pages : 495 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Asian Comparative Constitutional Law, Volume 1 by : Ngoc Son Bui

The Oxford Handbook of Comparative Constitutional Law

Author : Michel Rosenfeld
Publisher : OUP Oxford
ISBN 13 : 0191640174
Total Pages : 1417 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Comparative Constitutional Law by : Michel Rosenfeld

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Making of a European Constitution

Author : Michelle Everson
Publisher : Routledge
ISBN 13 : 1134070667
Total Pages : 256 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Making of a European Constitution by : Michelle Everson

Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.

Law in the Making

Author : Alessandro Pizzorusso
Publisher : Springer Science & Business Media
ISBN 13 : 3642730523
Total Pages : 412 pages
Book Rating : 4.6/5 (427 download)

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Book Synopsis Law in the Making by : Alessandro Pizzorusso

Download or read book Law in the Making written by Alessandro Pizzorusso and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume presents a part of the results of a research project launched by the European Science Foundation (ESF) in 1977. Tribute should be paid to the late Professor Aleck Chloros, Judge in the Court of the European Community, whose belief in the European ideal and enthusiasm for European cooperation and the comparative study of legal problems made him an elo quent advocate of a large-scale ESF venture into the field of com parative law. Judge Chloros had envisaged the creation of a per manent, sizable and well-equipped European institute for compa rative legal studies. The successive working parties convoked by the Executive Council of the ESF, which I had the honour of chairing from the beginning, came to the conclusion that this am bitious vision could not be realized immediately; the financial sit uation of the member organizations of the ESF also deteriorated, making a cautious approach a necessary virtue. The solution ulti mately adopted by the last of the working parties - the Ad Hoc Committee for Comparative Law -and submitted to the General Assembly of the ESF in 1979 called for the launching of four pi lot projects. In November 1980, the Assembly approved detailed plans for two of these projects. The first of these - dealing with medical responsibility - has already been presented in an impres sive volume (E. Deutsch and H. -L. Schreiber, editors, Medical Responsibility in Western Europe.

Constitutional Law in Hungary

Author : Zoltán Szente
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403544422
Total Pages : 359 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Hungary by : Zoltán Szente

Download or read book Constitutional Law in Hungary written by Zoltán Szente and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hungary provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hungary will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.