Constitutional Law And Federations

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Constitutional Law and Federations

Author : Iacovos Kareklas
Publisher : Rowman & Littlefield
ISBN 13 : 1793642745
Total Pages : 235 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Constitutional Law and Federations by : Iacovos Kareklas

Download or read book Constitutional Law and Federations written by Iacovos Kareklas and published by Rowman & Littlefield. This book was released on 2021-10-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law and Federations provides a concise overview of the British occupation of Cyprus(1878-1959), the efforts of the Greek Cypriots for independence, and the structure and peculiarities of the current Cyprus Constitution. Federal states and the concept of federalism worldwide and, in every era, have come into being because of important political and security reasons dictating or necessitating the creation of such governmental organizations. The bi-zonal federation envisaged for Cyprus, in the Accords of 1977 and 1979 is not in compliance with these prerequisites. According to objective legal norms, bi-communal and bi-zonal federation flagrantly violates international law and is incompatible with the notion of human rights with regard to Cyprus. A federation modelled on the United States of America federal Constitution could, indeed, provide an ideal framework for settling the Cyprus problem and safeguarding the protection of basic human rights and constitutional freedoms for all sections of the population on the island. This book will be of interest to scholars and students of constitutional law, international law and international relations as well as diplomats, who deal not only with the Cyprus issue but also with related regional and international issues.

The Constitutional Theory of the Federation and the European Union

Author : Signe Rehling Larsen
Publisher : Oxford University Press, USA
ISBN 13 : 0198859260
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Constitutional Theory of the Federation and the European Union by : Signe Rehling Larsen

Download or read book The Constitutional Theory of the Federation and the European Union written by Signe Rehling Larsen and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.

Courts in Federal Countries

Author : Nicholas Theodore Aroney
Publisher : University of Toronto Press
ISBN 13 : 1487511485
Total Pages : 598 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Courts in Federal Countries by : Nicholas Theodore Aroney

Download or read book Courts in Federal Countries written by Nicholas Theodore Aroney and published by University of Toronto Press. This book was released on 2017-04-24 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Australian Constitutional Law and Theory

Author : Anthony Blackshield
Publisher :
ISBN 13 : 9781862875852
Total Pages : 1474 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis Australian Constitutional Law and Theory by : Anthony Blackshield

Download or read book Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2006-01 with total page 1474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.

The Robust Federation

Author : Jenna Bednar
Publisher : Cambridge University Press
ISBN 13 : 1139474448
Total Pages : 245 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Robust Federation by : Jenna Bednar

Download or read book The Robust Federation written by Jenna Bednar and published by Cambridge University Press. This book was released on 2008-12-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Robust Federation offers a comprehensive approach to the study of federalism. Jenna Bednar demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. These authority boundaries matter - for defense, economic growth, and adequate political representation - and must be defended from opportunistic transgression. From Montesquieu to Madison, the legacy of early institutional analysis focuses attention on the value of competition between institutions, such as the policy moderation produced through separated powers. Bednar offers a reciprocal theory: in an effective constitutional system, institutions complement one another; each makes the others more powerful. Diverse but complementary safeguards - including the courts, political parties, and the people - cover different transgressions, punish to different extents, and fail under different circumstances. The analysis moves beyond equilibrium conceptions and explains how the rules that allocate authority are not fixed but shift gradually. Bednar's rich theoretical characterization of complementary institutions provides the first holistic account of federal robustness.

Concurrent Powers in Federal Systems

Author : Nico Steytler
Publisher : BRILL
ISBN 13 : 9004337571
Total Pages : 378 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Concurrent Powers in Federal Systems by : Nico Steytler

Download or read book Concurrent Powers in Federal Systems written by Nico Steytler and published by BRILL. This book was released on 2017-01-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.

The Constitution of the Russian Federation

Author : Jane Henderson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935584
Total Pages : 248 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitution of the Russian Federation by : Jane Henderson

Download or read book The Constitution of the Russian Federation written by Jane Henderson and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: '[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world's most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia's President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a 'return to traditional values'. The book explores the Constitution's evolution over its nearly 30 years' existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia's historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.

Federalism and Legal Unification

Author : Daniel Halberstam
Publisher : Springer Science & Business Media
ISBN 13 : 9400773986
Total Pages : 554 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Federalism and Legal Unification by : Daniel Halberstam

Download or read book Federalism and Legal Unification written by Daniel Halberstam and published by Springer Science & Business Media. This book was released on 2013-11-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Constitutional Origins, Structure, and Change in Federal Countries

Author : International Association of Centers for Federal Studies
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773529160
Total Pages : 479 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Constitutional Origins, Structure, and Change in Federal Countries by : International Association of Centers for Federal Studies

Download or read book Constitutional Origins, Structure, and Change in Federal Countries written by International Association of Centers for Federal Studies and published by McGill-Queen's Press - MQUP. This book was released on 2005 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux

An Introduction to Constitutional Law

Author : Randy E. Barnett
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 473 pages
Book Rating : 4.8/5 (861 download)

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Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett

Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2022-11-08 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Constitutional Asymmetry in Multinational Federalism

Author : Patricia Popelier
Publisher : Springer
ISBN 13 : 3030117014
Total Pages : 526 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Constitutional Asymmetry in Multinational Federalism by : Patricia Popelier

Download or read book Constitutional Asymmetry in Multinational Federalism written by Patricia Popelier and published by Springer. This book was released on 2019-02-18 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

Federal Dynamics

Author : Arthur Benz
Publisher : Oxford University Press, USA
ISBN 13 : 0199652996
Total Pages : 409 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Federal Dynamics by : Arthur Benz

Download or read book Federal Dynamics written by Arthur Benz and published by Oxford University Press, USA. This book was released on 2013 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Dynamics aids understanding of how federal systems change over time. It assembles contributions from leading scholars in the field of comparative federalism to discuss the value of different analytical tools and theoretical approaches for exploring the dynamics of federal systems.

Federalism and Secession

Author : Jorge Cagiao y Conde
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
ISBN 13 : 9782807617124
Total Pages : 198 pages
Book Rating : 4.6/5 (171 download)

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Book Synopsis Federalism and Secession by : Jorge Cagiao y Conde

Download or read book Federalism and Secession written by Jorge Cagiao y Conde and published by P.I.E-Peter Lang S.A., Editions Scientifiques Internationales. This book was released on 2021-02-26 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial issue of secession has received little attention from experts of federalism. The best federal studies either evade it or dismiss it in a few lines. However, the issue of secession has been present throughout the history of federations. This book is one of the first to explore the complex relationship between federalism and secession. The authors whose work is presented here recognize the potential of federalism as a way to organize relations between several different states, peoples, nations or territories under the same government. However, they are not naïve or idealist about the ability of the federal idea to succeed in the complex situations in which it is applied. In some cases success seems assured (the United States, Switzerland, Germany, etc.), and the merits of federalism can be showcased. But there are also failures (the former Yugoslavia, or more recently Brexit) and semi-failures that have generated turbulence in recent years in devolutive systems (Scotland in the United Kingdom, Catalonia in Spain) or federative systems (Québec in Canada). This book provides a nuanced portrait of the issue of secession in federal contexts and lays the groundwork for questioning the still too fragile legacy of the great thinkers of federalism.

Russian Constitutional Law

Author : Elena A. Kremyanskaya
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443869708
Total Pages : 230 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Russian Constitutional Law by : Elena A. Kremyanskaya

Download or read book Russian Constitutional Law written by Elena A. Kremyanskaya and published by Cambridge Scholars Publishing. This book was released on 2014-10-16 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russian Constitutional Law is one of the first publications to offer profound analyses of the main institutions of the Constitutional Law of the Russian Federation in English. The authors, representing the Constitutional Law Chair of the Moscow State Institute for International Relations (MGIMO-University), cover the most important and basic categories of Constitutional Law in Russia: namely, the Constitution; the Status of the Individual; Federalism; the Electoral System; Federal Bodies (the...

World Constitution

Author : Nicholas Hagger
Publisher : John Hunt Publishing
ISBN 13 : 1780996624
Total Pages : 76 pages
Book Rating : 4.7/5 (89 download)

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Book Synopsis World Constitution by : Nicholas Hagger

Download or read book World Constitution written by Nicholas Hagger and published by John Hunt Publishing. This book was released on 2018-06-29 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: In World State Nicholas Hagger followed Truman, Einstein, Churchill, Eisenhower and others in calling for a democratic, partly-federal World State with sufficient authority to abolish war, enforce disarmament, combat famine, disease and poverty, and solve the world’s financial and environmental problems. Its lower house, a World Parliamentary Assembly, would initially be based in the UN General Assembly and eventually replace the UN. In this companion volume he sets out a Constitution for a United Federation of the World (UF). In 14 chapters and 145 Articles he details the UF’s structure and institutions at inter-national and supranational levels, and the rights and freedoms world citizens would be guaranteed. He lists the 26 precedents and 204 existing constitutions he consulted (including the UN Charter and the US and EU constitutional documents) and the sources on which the Articles are based. This comprehensive and authoritative Constitution sets out with great clarity and concision how the whole world can be governed, and can be laid before the UN General Assembly. As a blueprint for a World State that can bring universal peace and prosperity it may come to be regarded as one of the most remarkable feats of statecraft of our time.

Constitutional Morality and the Rise of Quasi-Law

Author : Bruce P. Frohnen
Publisher : Harvard University Press
ISBN 13 : 0674968921
Total Pages : 304 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Constitutional Morality and the Rise of Quasi-Law by : Bruce P. Frohnen

Download or read book Constitutional Morality and the Rise of Quasi-Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

The Rule of Law and the Australian Constitution

Author : Lisa Burton Crawford
Publisher :
ISBN 13 : 9781760021337
Total Pages : 224 pages
Book Rating : 4.0/5 (213 download)

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Book Synopsis The Rule of Law and the Australian Constitution by : Lisa Burton Crawford

Download or read book The Rule of Law and the Australian Constitution written by Lisa Burton Crawford and published by . This book was released on 2017-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: * The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.