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Author : Richard Albert
Publisher : Unknown
Page : 326 pages
File Size : 48,5 Mb
Release : 2018
Category : Electronic
ISBN : 0692159169
Author : Richard Albert,David Landau,Pietro Faraguna,Simon Drugda
Publisher : Unknown
Page : 128 pages
File Size : 46,6 Mb
Release : 2019-11-20
Category : Electronic
ISBN : 1734319704
This year marks the third edition of the I·CONnect-Clough Center Global Review of Constitutional Law. First published in 2017 to review the constitutional law developments in the world in the year 2016, this edition reviews the constitutional law developments in the world in the year 2018.From 44 jurisdictions in our first year and 61 last year, this year we are pleased to feature 65 jurisdictions. We continue to grow, slowly but steadily. With the help of our current roster of contributors and with new interest from our readers and others, we hope to continue expanding our coverage of the world.The purpose of the Global Review has remained unchanged since its founding. It is to offer readers systemic knowledge that has previously been limited mainly to local networks rather than a broader readership. By making this information available to the larger field of public law in an easily digestible format, we aim to increase the base of knowledge upon which scholars and judges can draw. Our ambition is to make our vast world smaller, more familiar, and more accessible.
Author : Richard Albert,David Landau,Pietro Faraguna,Simon Drugda
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2020-11-25
Category : Electronic
ISBN : 1734319712
Welcome to the fourth edition of the I·CONnect-Clough Center Global Review of Constitutional Law. We were unsure whether the worldwide public health emergency would permit its publication. We are therefore immensely grateful to our dedicated team of collaborators for making this possible. The Global Review was born in 2017, with the publication of the 2016 Global Review. Our articulated goal at that time remains the same today: to offer readers systemic knowledge about jurisdiction-specific constitutional law that has previously been limited mainly to local networks. The Global Review seeks to increase the base of knowledge upon which scholars and judges can draw; we do this by making public law developments around the world available to all in an easily digestible format. Our ambition is to make our vast world smaller, more familiar, and more accessible.This year the Global Review features over 70 jurisdictions. We continue to grow, slowly but steadily. With the help of our current roster of contributors and with new interest from our readers and others, we hope every year to continue to expand our coverage of the world.
Author : Richard Albert
Publisher : Unknown
Page : 231 pages
File Size : 46,6 Mb
Release : 2017
Category : Electronic
ISBN : 0692925163
Author : Richard Albert
Publisher : Unknown
Page : 334 pages
File Size : 49,7 Mb
Release : 2021
Category : Electronic
ISBN : 0692159169
Author : Manuel José Cepeda Espinosa,David Landau
Publisher : Oxford University Press
Page : 384 pages
File Size : 48,5 Mb
Release : 2017-02-27
Category : Law
ISBN : 9780190640385
This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
Author : Joshua C. Gellers
Publisher : Taylor & Francis
Page : 150 pages
File Size : 46,5 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524405
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:311789085
Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 321 pages
File Size : 44,5 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192590756
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.
Author : Daniel Bonilla Maldonado
Publisher : Cambridge University Press
Page : 128 pages
File Size : 45,8 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107067936
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 54,7 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author : Michèle Finck
Publisher : Oxford University Press
Page : 241 pages
File Size : 43,9 Mb
Release : 2017
Category : Law
ISBN : 9780198810896
This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity --Dust jacket.
Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 53,5 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977
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.
Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 54,9 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 572 pages
File Size : 51,9 Mb
Release : 2010
Category : Business & Economics
ISBN : 0702184802
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
