Making Constitutional Law

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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

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.

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 .

Constitutional Law and Judicial Policy Making

Author : Joel B. Grossman
Publisher : New York : Wiley
ISBN 13 :
Total Pages : 914 pages
Book Rating : 4.3/5 (91 download)

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

Download or read book Constitutional Law and Judicial Policy Making written by Joel B. Grossman and published by New York : Wiley. This book was released on 1972 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compilation of articles, writings, and judicial opinions.

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

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.

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 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.

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.

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.

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.

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.

Constitutional Law & Judicial Policy Making

Author : Joel B. Grossman
Publisher : Longman Publishing Group
ISBN 13 : 9780582285439
Total Pages : 1379 pages
Book Rating : 4.2/5 (854 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 Longman Publishing Group. This book was released on 1984 with total page 1379 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Israeli Constitutional Law in the Making

Author : Gideon Sapir
Publisher : A&C Black
ISBN 13 : 1782251855
Total Pages : 1030 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Israeli Constitutional Law in the Making by : Gideon Sapir

Download or read book Israeli Constitutional Law in the Making written by Gideon Sapir and published by A&C Black. This book was released on 2014-07-18 with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.

Judicial Law-Making in European Constitutional Courts

Author : Monika Florczak-Wątor
Publisher : Routledge
ISBN 13 : 1000062252
Total Pages : 249 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Judicial Law-Making in European Constitutional Courts by : Monika Florczak-Wątor

Download or read book Judicial Law-Making in European Constitutional Courts written by Monika Florczak-Wątor and published by Routledge. This book was released on 2020-05-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.