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Constitutionalism And The Role Of Parliaments
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Book Synopsis Constitutionalism and the Role of Parliaments by : Katja S Ziegler
Download or read book Constitutionalism and the Role of Parliaments written by Katja S Ziegler and published by Hart Publishing. This book was released on 2007-05-22 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of parliaments in modern constitutionalism by comparing various European deliberative institutions.
Book Synopsis Public Finance and Parliamentary Constitutionalism by : Will Bateman
Download or read book Public Finance and Parliamentary Constitutionalism written by Will Bateman and published by Cambridge University Press. This book was released on 2020-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores financial aspects of constitutional government, focusing on central banking, sovereign borrowing, taxation and public expenditure.
Book Synopsis Comparative Constitutional Design by : Tom Ginsburg
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Book Synopsis Constitutionalism and the Role of Parliaments by : Katja S Ziegler
Download or read book Constitutionalism and the Role of Parliaments written by Katja S Ziegler and published by Bloomsbury Publishing. This book was released on 2007-06-07 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.
Book Synopsis Parliament and Parliamentarism by : Pasi Ihalainen
Download or read book Parliament and Parliamentarism written by Pasi Ihalainen and published by Berghahn Books. This book was released on 2016-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parliamentary theory, practices, discourses, and institutions constitute a distinctively European contribution to modern politics. Taking a broad historical perspective, this cross-disciplinary, innovative, and rigorous collection locates the essence of parliamentarism in four key aspects—deliberation, representation, responsibility, and sovereignty—and explores the different ways in which they have been contested, reshaped, and implemented in a series of representative national and regional case studies. As one of the first comparative studies in conceptual history, this volume focuses on debates about the nature of parliament and parliamentarism within and across different European countries, representative institutions, and genres of political discourse.
Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman
Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Book Synopsis Political Constitutionalism by : Richard Bellamy
Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis Parliamentary Administrations in the European Union by : Anna-Lena Högenauer
Download or read book Parliamentary Administrations in the European Union written by Anna-Lena Högenauer and published by Springer. This book was released on 2016-04-08 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the role of parliamentary administrations in the control of European Union policy-making. It questions whether the decision to give parliaments greater powers in the aftermath of the Lisbon Treaty had only the intended effect of political debate on European policies, or whether it has also resulted in the bureaucratisation of parliaments. The authors argue that the challenges of information-management faced by parliaments lead them to delegate an extensive set of tasks to their administrations. They offer a broad empirical picture, analysing the challenges faced by national parliaments and the role and response of their administrations in the case of the European Parliament, national parliaments and regional parliaments. In addition, the book studies the interaction between different administrations and their contribution to interparliamentary cooperation. It presents a new and different perspective on the challenges and dynamics of multi-level parliamentarism.
Book Synopsis The International Human Rights Judiciary and National Parliaments by : Matthew Saul
Download or read book The International Human Rights Judiciary and National Parliaments written by Matthew Saul and published by Cambridge University Press. This book was released on 2017-10-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Book Synopsis Parliamentary Sovereignty by : Jeffrey Goldsworthy
Download or read book Parliamentary Sovereignty written by Jeffrey Goldsworthy and published by Cambridge University Press. This book was released on 2010-07-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
Book Synopsis Constitutionalism by : Charles Howard McIlwain
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Book Synopsis Parliaments and Post-Legislative Scrutiny by : Franklin de Vrieze
Download or read book Parliaments and Post-Legislative Scrutiny written by Franklin de Vrieze and published by Routledge. This book was released on 2020-12-18 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Book Synopsis Fragile Democracies by : Samuel Issacharoff
Download or read book Fragile Democracies written by Samuel Issacharoff and published by Cambridge University Press. This book was released on 2015-06-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Book Synopsis Constitutionalizing World Politics by : Karolina Milewicz
Download or read book Constitutionalizing World Politics written by Karolina Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
