Trente Lecons De Droit Constitutionnel

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Trente leçons de droit constitutionnel

Author : Marc Uyttendaele
Publisher :
ISBN 13 : 9782874557439
Total Pages : 1057 pages
Book Rating : 4.5/5 (574 download)

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Book Synopsis Trente leçons de droit constitutionnel by : Marc Uyttendaele

Download or read book Trente leçons de droit constitutionnel written by Marc Uyttendaele and published by . This book was released on 2014 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Uyttendaele offre aujourd’hui au lecteur une deuxième édition complètement actualisée de son ouvrage, qui vient à point nommé alors que les institutions belges ont à nouveau été bouleversées par la sixième réforme de l’État, par la réforme du Conseil d’État et par des modifications apportées à la législation gouvernant la Cour constitutionnelle. 0Faire partager une passion, la passion de comprendre la société politique, d’apprendre le droit constitutionnel à ses étudiants, de les rendre un peu plus citoyens et remettre chaque année la méthode sur le métier, tel est le défi de cet auteur, pour lequel enseigner est une émotion et une exigence aussi.0Outil pédagogique avant tout, ce précis reprend en marge une référence aux dispositions constitutionnelles citées ou analysées parce que le premier réflexe du juriste doit être de chercher le fondement de la règle et que le premier fondement du droit interne est la Constitution. Il est doté d’une table des arrêts de la Cour constitutionnelle cités ou analysés parce que cette juridiction suprême façonne le droit, le transforme et doit devenir naturelle et familière à tous les juristes. Le lecteur pourra en outre consulter des tables des arrêts du Conseil d’État, de la Cour de cassation et de la Cour européenne des droits de l’homme.

The Constitution of Belgium

Author : Patricia Popelier
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259465
Total Pages : 263 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Constitution of Belgium by : Patricia Popelier

Download or read book The Constitution of Belgium written by Patricia Popelier and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation.

Administrative Justice in Wales and Comparative Perspectives

Author : Sarah Nason
Publisher : University of Wales Press
ISBN 13 : 1786831414
Total Pages : 566 pages
Book Rating : 4.7/5 (868 download)

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Book Synopsis Administrative Justice in Wales and Comparative Perspectives by : Sarah Nason

Download or read book Administrative Justice in Wales and Comparative Perspectives written by Sarah Nason and published by University of Wales Press. This book was released on 2017-09-15 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.

Canadian Federalism and Its Future

Author : Alain-G. Gagnon
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228002524
Total Pages : 305 pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis Canadian Federalism and Its Future by : Alain-G. Gagnon

Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.

The Max Planck Handbooks in European Public Law

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0191039845
Total Pages : pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy

Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2020-03-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

Good Administration and the Council of Europe

Author : Ulrich Stelkens
Publisher : Oxford University Press
ISBN 13 : 0192605933
Total Pages : 912 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Good Administration and the Council of Europe by : Ulrich Stelkens

Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by Oxford University Press. This book was released on 2020-09-11 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.

Engineering Constitutional Change

Author : Xenophōn I. Kontiadēs
Publisher : Routledge
ISBN 13 : 041552976X
Total Pages : 490 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Engineering Constitutional Change by : Xenophōn I. Kontiadēs

Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

Local Governance in Multi-Layered Systems

Author : Matteo Nicolini
Publisher : Springer Nature
ISBN 13 : 3031417925
Total Pages : 485 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Local Governance in Multi-Layered Systems by : Matteo Nicolini

Download or read book Local Governance in Multi-Layered Systems written by Matteo Nicolini and published by Springer Nature. This book was released on 2023-12-12 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).

Elgar Encyclopedia of Comparative Law, Second Edition

Author : J. M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006105
Total Pages : 1025 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Elgar Encyclopedia of Comparative Law, Second Edition by : J. M. Smits

Download or read book Elgar Encyclopedia of Comparative Law, Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Outsourcing Rulemaking Powers

Author : Cedric Jenart
Publisher : Oxford University Press
ISBN 13 : 0192897837
Total Pages : 321 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Outsourcing Rulemaking Powers by : Cedric Jenart

Download or read book Outsourcing Rulemaking Powers written by Cedric Jenart and published by Oxford University Press. This book was released on 2022 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.

Constitutional Law in Belgium

Author : André Alen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525835
Total Pages : 319 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Belgium by : André Alen

Download or read book Constitutional Law in Belgium written by André Alen and published by Kluwer Law International B.V.. This book was released on 2020-09-22 with total page 319 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 Belgium 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 Belgium will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Foreign Relations Federalism

Author : Thomas Verellen
Publisher : Oxford University Press
ISBN 13 : 0192658891
Total Pages : 337 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Foreign Relations Federalism by : Thomas Verellen

Download or read book Foreign Relations Federalism written by Thomas Verellen and published by Oxford University Press. This book was released on 2023-04-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.

Constitutional Law and the EU Balanced Budget Principle

Author : Elena-Simina Tănăsescu
Publisher : Routledge
ISBN 13 : 1351723510
Total Pages : 233 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Constitutional Law and the EU Balanced Budget Principle by : Elena-Simina Tănăsescu

Download or read book Constitutional Law and the EU Balanced Budget Principle written by Elena-Simina Tănăsescu and published by Routledge. This book was released on 2021-11-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems. Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union. This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.

Comparative Executive Power in Europe

Author : Marcel Morabito
Publisher : Taylor & Francis
ISBN 13 : 1000898989
Total Pages : 286 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Comparative Executive Power in Europe by : Marcel Morabito

Download or read book Comparative Executive Power in Europe written by Marcel Morabito and published by Taylor & Francis. This book was released on 2023-07-18 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an up-to-date interdisciplinary assessment of the accountability of executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics, and policy-makers in constitutional law and politics, public law, comparative law, comparative politics, legal history and government.

Power-Sharing

Author : Allison McCulloch
Publisher : Routledge
ISBN 13 : 1317265769
Total Pages : 340 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Power-Sharing by : Allison McCulloch

Download or read book Power-Sharing written by Allison McCulloch and published by Routledge. This book was released on 2017-04-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.

Administrative Justice Fin de Siècle

Author : Giacinto della Cananea
Publisher : Oxford University Press, USA
ISBN 13 : 0198867565
Total Pages : 353 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Administrative Justice Fin de Siècle by : Giacinto della Cananea

Download or read book Administrative Justice Fin de Siècle written by Giacinto della Cananea and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative law permeates all area of law, and this series focuses on its role both regionally and globally. This volume focuses on the historical trajectory and developmental legacies of six legal systems from 1809-1910, and how they affect the administrative laws and legal institutions in place today.

Administrative Justice Fin de siècle

Author : Giacinto della Cananea
Publisher : Oxford University Press
ISBN 13 : 0192637630
Total Pages : 368 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Administrative Justice Fin de siècle by : Giacinto della Cananea

Download or read book Administrative Justice Fin de siècle written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-02-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910. These years saw both a growth of governments and either the entry into force or the consolidation of mechanisms of control on public authorities. Comparing the Austro-Hungarian Empire, Belgium, France, the German Empire, Italy, and the United Kingdom, this title focuses on their historical administrative actions and looks at their development during that time. The volume contains three sections. The first introduces the project and the topic. The second covers the six legal systems chosen for this study, looking at the historical context. The third takes a comparative approach across the six systems, following on from their histories to look at their development and legacies. This edited collection expands on the ideals of a common core within European administrative law and how they have shaped our world. This volume is an essential tool for anyone involved in administrative and constitutional law and legal history.