Constitutional Comparison

Author : François Venter
Publisher : BRILL
Page : 310 pages
File Size : 50,6 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004481404

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Constitutional Comparison by François Venter Pdf

In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 48,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978

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Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Author : Ralf Rogowski,Thomas Gawron
Publisher : Unknown
Page : 304 pages
File Size : 54,5 Mb
Release : 2016
Category : Constitutional courts
ISBN : 1785332732

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Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf

The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

Author : Patrick Macklem
Publisher : University of Toronto Press
Page : 348 pages
File Size : 41,7 Mb
Release : 2001-01-01
Category : Law
ISBN : 0802080499

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Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf

An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 407 pages
File Size : 52,5 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107020566

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Comparative Constitutional Design by Tom Ginsburg Pdf

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 43,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Author : Arthur Benz,Felix Knüpling
Publisher : Verlag Barbara Budrich
Page : 420 pages
File Size : 46,5 Mb
Release : 2012-05-30
Category : Political Science
ISBN : 9783866495531

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Changing Federal Constitutions by Arthur Benz,Felix Knüpling Pdf

This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion

Author : Ran Hirschl
Publisher : OUP Oxford
Page : 304 pages
File Size : 43,6 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780191023897

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Comparative Matters by Ran Hirschl Pdf

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 321 pages
File Size : 42,6 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192590756

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The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

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 : Venter, Francois
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 50,7 Mb
Release : 2022-03-04
Category : Law
ISBN : 9781800882584

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The Language of Constitutional Comparison by Venter, Francois Pdf

In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.

Author : A. W. Heringa
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2019
Category : Comparative government
ISBN : 1780688830

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Constitutions Compared by A. W. Heringa Pdf

The 5th edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fifth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. The book has also been expanded with a larger number of (sub)headings so as to allow for a better overview. Furthermore, this book most notably includes many constitutional developments in the constitutional systems within our scope. Including the 'Brexit' (to be) and the new compositions of the national and the European Parliament. In the previous edition the EU has more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. This new edition has been expanded with chapters on human rights as they are protected in the constitutional legal systems, as well as in the multi-layered European legal order.This book has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduate-level courses. It remains a thorough introduction which purports to give an overview, however with quite a few examples and applications in practice, and also sufficient legal and practical details to be accessible and to the point, whilst at the same time providing for the whole picture and highlighting general constitutional questions and perspectives.

Author : A. W. Heringa,Philipp Kiiver
Publisher : Intersentia Uitgevers N V
Page : 361 pages
File Size : 40,6 Mb
Release : 2012
Category : Law
ISBN : 1780680783

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Constitutions Compared by A. W. Heringa,Philipp Kiiver Pdf

Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century.

Author : L.Wolf- Phillips
Publisher : Springer
Page : 80 pages
File Size : 46,8 Mb
Release : 1972-06-18
Category : Political Science
ISBN : 9781349015290

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Comparative Constitutions by L.Wolf- Phillips Pdf

Author : Aalt Willem Heringa
Publisher : Eleven International Publishing
Page : 410 pages
File Size : 41,9 Mb
Release : 2021-08-18
Category : Comparative government
ISBN : 946236205X

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Constitutions Compared by Aalt Willem Heringa Pdf

We are delighted to announce the publication of the 6th edition of 'Constitutions Compared' which was previously published by Intersentia. It provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is presented, followed by more detailed country chapters. This book is a helpful guide for students who are exploring comparative constitutional law for the first time and it provides a solid foundation for more advanced graduate-level courses.

Author : Francesco Palermo,Karl Kössler
Publisher : Bloomsbury Publishing
Page : 504 pages
File Size : 51,7 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509901517

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Comparative Federalism by Francesco Palermo,Karl Kössler Pdf

This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western Cape