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Author : Donald Markwell
Publisher : Unknown
Page : 228 pages
File Size : 53,9 Mb
Release : 2016-08-01
Category : History
ISBN : 1925501159
Author : Brian Galligan,Scott Brenton
Publisher : Cambridge University Press
Page : 289 pages
File Size : 44,6 Mb
Release : 2015-08-04
Category : Law
ISBN : 9781107100244
Constitutional conventions precede law and make law making possible, but attempting to define them is politically risky yet increasingly necessary.
Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 489 pages
File Size : 50,7 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020961
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 : Noel Cox
Publisher : Routledge
Page : 285 pages
File Size : 42,9 Mb
Release : 2020-08-31
Category : History
ISBN : 9781000171563
This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.
Author : Anne Twomey
Publisher : Cambridge University Press
Page : 913 pages
File Size : 40,6 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107056787
The extension to other Realms of the reserve power to refuse a dissolution
Author : Dr. Suresh Kumar Agarwal,Dr. Lavudya Thirupathi,Dr. Kalpana V. Jawale,Dr. Vivek V. Jawale
Publisher : Academic Guru Publishing House
Page : 225 pages
File Size : 40,6 Mb
Release : 2023-07-26
Category : Study Aids
ISBN : 9788119338726
The Indian Constitution is the country's primary and highest legislation. It outlines the basic structures of the Indian government, including its guiding principles, the laws that govern it, and the authorities it is vested with. The rights and responsibilities of its residents are spelled out in detail. It has the longest constitution in the world. Dr. B.R. Ambedkar, the committee's chairman and a primary architect of the Indian Constitution, penned the document's bulk. On December 9th, 1946, Constituent Assembly convened for the first time. On December 11, Dr. Rajendra Prasad was elected as the permanent chairman of "India's sovereign constituent assembly". The Indian Constitution gives constitutional primacy instead of parliamentary supremacy since it was formed by the Constituent Assembly and not the Parliament. In force since January 26, 1950, it was adopted by the "Indian Constituent Assembly" on November 26, 1949. After the "Government of India Act" of 1935 was replaced by the Indian Constitution, the Dominion of India became the Republic of India. The Indian Constitution's opening prologue is included. This introductory section of our Constitution serves as a compass for all Americans. Freedom, justice, and equality are promised to the people of India, who live under a secular, socialist, democratic government in this document. It was during the 1976 Emergency that the prologue was changed to incorporate the words "socialist" and "secular."
Author : Dr. Mohammed Salim B. Khan, Dr. Kalpesh P. Vora , Dr. Shalini Chaturvedi, Dr. Shusneha Sarkar
Publisher : AG Publishing House
Page : 230 pages
File Size : 51,5 Mb
Release : 2024-06-30
Category : Study Aids
ISBN : 9788119338368
A state's constitution is its rulebook. It lays out the foundational principles that regulate the state. It defines the relationship between the state's primary institutions, such as the executive, legislature, and judiciary, as well as their respective functions. It limits the exercise of power and outlines the rights and responsibilities of citizens. Constitutional law is merely one of the policies, legal procedures, and organizations that govern the behavior of the government and its citizens. Individual liberties are safeguarded by constitutional law, which also serves to keep the various branches of government in check. In general, the Constitution of a country seeks to establish its fundamental or basic or apex organs of government and administration, describe their structure, composition, powers, and principal functions, define their interrelationships, and regulate their relationship with the people, particularly the political relationship. Even with regard to these fundamental institutions, only the most fundamental norms are codified in the Constitution. Under the rubric of Constitutional Law, it is not appropriate to discuss any and all principles. It should be noted that the term "Constitutional law" is broader than the term "Constitution," as it includes the "Constitution" as well as applicable statutory law, judicial decisions, and conventions.
Author : David E. Smith,Christopher McCreery,Jonathan Shanks
Publisher : University of Toronto Press
Page : 231 pages
File Size : 53,8 Mb
Release : 2021-12-02
Category : Political Science
ISBN : 9781487540784
The Crown in Canada has had a profound influence in shaping a country and a constitution that embraces the promotion of political moderation, societal accommodation, adaptable constitutional structures, and pluralistic governing practices. While none of these features themselves originated through legislative or constitutional action, David E. Smith, Christopher McCreery, and Jonathan Shanks propose that all reflect the presence and actions of the Crown. Examining how a constitutional monarchy functions, Canada’s Deep Crown discusses how the legal and institutional abstractions of the Crown vary depending on the circumstances and the context in which it is found. The Crown presents differently depending on who is observing it, who is representing it, and what role it is performing. With a focus on the changes that have taken place over the last fifty years, this book addresses the role of the Crown in dispersing power throughout Canada’s system of government, the function the sovereign, governor general, and lieutenant governors play, and how the demise of the Crown and transition to a new sovereign is likely to unfold.
Author : Anonim
Publisher : National Library Australia
Page : 1106 pages
File Size : 55,7 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 8210379456XXX
Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 377 pages
File Size : 55,5 Mb
Release : 2004-09-13
Category : Political Science
ISBN : 9781442690486
Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government. Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.
Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 54,8 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 : Patrick Fafard,Darrel Robert Reid
Publisher : IIGR, Queen's University
Page : 61 pages
File Size : 48,6 Mb
Release : 1991
Category : Canada
ISBN : 9780889115903
Author : John Warhurst,Malcolm Mackerras
Publisher : Univ. of Queensland Press
Page : 300 pages
File Size : 47,7 Mb
Release : 2002
Category : History
ISBN : 0702233412
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Author : Stanley Bach
Publisher : Department of Senate Parliament House
Page : 389 pages
File Size : 41,6 Mb
Release : 2003-01-01
Category : Australia
ISBN : 0642712913
A systematic examination of how the Senate actually operates covering topics which include the design and operation of Australia's system of government, an analysis of the confrontation betwen the Senate and the house of Representatives in 1975, proposals for reform, the republican debate, minority parties and the balance of power.
Author : Iain T. Benson
Publisher : Unknown
Page : 53 pages
File Size : 49,6 Mb
Release : 2012
Category : Civil rights
ISBN : 1921421703
In this incisive and thought-provoking study, legal expert Iain Benson confronts crucial and controversial issues in the relation between religion and to-day's pluralistic, secular state. He reminds us of the original and proper sense of the "secular", not as meaning "anti-religious" but as encompassing without prejudice differing forms of religious belief and disbelief. Analysing recent judicial pronouncements, mainly but not exclusively from his native Canada, Benson demonstrates how this correct understanding of the secular has protected religious rights in the public square by preventing a totalistic state endorsement of any one form of belief. In the second part of his work, Benson draws on the conclusions of leading legal philosophers to show that recognizing the dignity of individuals in no way precludes open, public dissent from their views on such disputed topics as same-sex marriage. Envisaging the development of "a richer conception of diversity and genuine tolerance with an appropriately communitarian focus", Benson also issues an important warning against emerging tendencies to constrict such diversity in the name of a pseudo-liberal uniformity.
