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Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 50,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417
Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791
Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 53,8 Mb
Release : 1985-09-30
Category : Social Science
ISBN : 9781349179688
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.
Author : Anthony J. Bellia Jr.,Bradford R. Clark
Publisher : Oxford University Press
Page : 224 pages
File Size : 43,6 Mb
Release : 2017-03-10
Category : Law
ISBN : 9780190666781
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Author : United States
Publisher : Unknown
Page : 1508 pages
File Size : 44,7 Mb
Release : 1952
Category : Law
ISBN : UCR:31210025663863
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 42,6 Mb
Release : 2021
Category : Law
ISBN : 9780192896919
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Author : David M. O'Brien
Publisher : Unknown
Page : 128 pages
File Size : 46,7 Mb
Release : 1999-12-01
Category : Law
ISBN : 039398348X
Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 9 pages
File Size : 53,5 Mb
Release : 2006-10-05
Category : Law
ISBN : 9781139460507
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Author : Owen Hood Phillips,Paul Jackson (LL. B.)
Publisher : Unknown
Page : 808 pages
File Size : 51,8 Mb
Release : 1978
Category : Law
ISBN : UIUC:30112021626889
Author : Elena A. Kremyanskaya,Tamara O. Kuznetsova,Inna A. Rakitskaya
Publisher : Cambridge Scholars Publishing
Page : 230 pages
File Size : 43,6 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781443869706
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...
Author : John O. McGinnis,Michael B. Rappaport
Publisher : Harvard University Press
Page : 309 pages
File Size : 48,9 Mb
Release : 2013-11-01
Category : Law
ISBN : 9780674726260
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 50,5 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806
There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.
Author : Jeffrey Jowell,Colm O'Cinneide
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 55,5 Mb
Release : 2019-07-24
Category : Law
ISBN : 9780198806363
Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The ninth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. It clarifies the scope of the powers exercised by central, devolved and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems.
Author : Francesca Bignami,David Zaring
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 46,6 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782545613
Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.
Author : Francesco Biagi,Justin O. Frosini,Jason Mazzone
Publisher : BRILL
Page : 297 pages
File Size : 44,9 Mb
Release : 2020-07-27
Category : Political Science
ISBN : 9789004435315
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume aims to address this shortcoming by bringing focus to comparative constitutional history.