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Author : Philip M. Blair
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.3/5 (91 download)
Download or read book Federalism and Judicial Review in West Germany written by Philip M. Blair and published by Oxford University Press, USA. This book was released on 1981 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110609
Total Pages : 463 pages
Book Rating : 4.7/5 (881 download)
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author : Donald P. Kommers
Publisher : Duke University Press
ISBN 13 : 9780822318385
Total Pages : 656 pages
Book Rating : 4.3/5 (183 download)
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 1997 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
Author : Nicola Ch. Corkin
Publisher : Routledge
ISBN 13 : 1134680562
Total Pages : 248 pages
Book Rating : 4.1/5 (346 download)
Download or read book Europeanization of Judicial Review written by Nicola Ch. Corkin and published by Routledge. This book was released on 2014-11-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.
Author : Donald P. Kommers
Publisher : SAGE Publications, Incorporated
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.3/5 (91 download)
Download or read book Judicial Politics in W Germany written by Donald P. Kommers and published by SAGE Publications, Incorporated. This book was released on 1976 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David P. Currie
Publisher : University of Chicago Press
ISBN 13 : 9780226131047
Total Pages : 182 pages
Book Rating : 4.1/5 (31 download)
Download or read book The Constitution of the United States written by David P. Currie and published by University of Chicago Press. This book was released on 2000-04-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update
Author : Georg Vanberg
Publisher : Cambridge University Press
ISBN 13 : 1139442627
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Politics of Constitutional Review in Germany written by Georg Vanberg and published by Cambridge University Press. This book was released on 2004-12-06 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.
Author : Arthur Gunlicks
Publisher : Manchester University Press
ISBN 13 : 9780719065330
Total Pages : 426 pages
Book Rating : 4.0/5 (653 download)
Download or read book The Lander and German Federalism written by Arthur Gunlicks and published by Manchester University Press. This book was released on 2003-11-22 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.
Author : Daniel Ziblatt
Publisher : Princeton University Press
ISBN 13 : 9780691121673
Total Pages : 246 pages
Book Rating : 4.1/5 (216 download)
Download or read book Structuring the State written by Daniel Ziblatt and published by Princeton University Press. This book was released on 2006 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the following puzzle: Upon national unification, why was Germany formed as a federal state and Italy a unitary state? Ziblatt's answer to this question will be of interest to scholars of international relations, comparative politics, political development, and political and economic history.
Author : M. L. M. Hertogh
Publisher : Cambridge University Press
ISBN 13 : 9780521547864
Total Pages : 334 pages
Book Rating : 4.5/5 (478 download)
Download or read book Judicial Review and Bureaucratic Impact written by M. L. M. Hertogh and published by Cambridge University Press. This book was released on 2004-08-19 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.
Author : Sabine Kuhlmann
Publisher : Springer Nature
ISBN 13 : 3030536971
Total Pages : 415 pages
Book Rating : 4.0/5 (35 download)
Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Author : Nicholas Theodore Aroney
Publisher : University of Toronto Press
ISBN 13 : 1487511485
Total Pages : 598 pages
Book Rating : 4.4/5 (875 download)
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.
Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Author : Matthias Jestaedt
Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 405 pages
Book Rating : 4.1/5 (925 download)
Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Author : Arthur Gunlicks
Publisher : Manchester University Press
ISBN 13 : 1847795773
Total Pages : 426 pages
Book Rating : 4.8/5 (477 download)
Download or read book The Länder and German federalism written by Arthur Gunlicks and published by Manchester University Press. This book was released on 2013-07-19 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. An illuminating introduction to how the Lander (the sixteen states of Germany) function not only within the country itself but also within the wider context of European political affairs. Looks at the Lnader in the constitutional order of the country, and the political and administrative system. Their organization and administration is fully covered, as is their financial administration. The role of parties and elections in the Lander is looked at, and the importance of their parliaments. The first work in the English language that considers the Lander in this depth.
Author : Michael Burgess
Publisher : Routledge
ISBN 13 : 1134219490
Total Pages : 371 pages
Book Rating : 4.1/5 (342 download)
Download or read book Comparative Federalism written by Michael Burgess and published by Routledge. This book was released on 2006-09-27 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.
Author : Katy Le Roy
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773560149
Total Pages : 416 pages
Book Rating : 4.7/5 (735 download)
Download or read book Legislative, Executive, and Judicial Governance in Federal Countries written by Katy Le Roy and published by McGill-Queen's Press - MQUP. This book was released on 2006 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
