Federalism In The Making Contemporary Canadian And German Constitutionalism National And Transnational

Author : McWhinney
Publisher : Martinus Nijhoff Publishers
Page : 201 pages
File Size : 52,9 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637917

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Federalism-In-The-Making by McWhinney Pdf

The long-continuing constitutional debate, within Canada has brought a search today for new constitutional-governmental models of paradigms capable of taking us all safely into the twenty-first century. For students of Contemporary Constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany. This volume is the result of a special bilateral Canadian-German conference organised by the Simon Fraser University and the Goethe-Institut of Vancouver in 1991 on the theme `The Challenge of Contemporary Constitutionalism: Canadian and German Federalism-in-the-Making'. The essays it contains, from many distinguished judges and professors from both countries, form a unique contribution both to scientific knowledge in Constitutionalism and to current ventures in Constitution-making and drafting in a number of countries -- Western and Eastern Europe, North America -- around the world.

Author : Anne Carter
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 42,6 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509937004

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Proportionality and Facts in Constitutional Adjudication by Anne Carter Pdf

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Author : Denny Indrayana
Publisher : Penerbit Buku Kompas
Page : 496 pages
File Size : 40,8 Mb
Release : 2008
Category : Civil rights
ISBN : 9797093948

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Indonesian Constitutional Reform, 1999-2002 by Denny Indrayana Pdf

Author : Vesselin Popovski
Publisher : Routledge
Page : 265 pages
File Size : 45,7 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317113706

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International Rule of Law and Professional Ethics by Vesselin Popovski Pdf

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

Author : Giuliano Amato,Benedetta Barbisan,Cesare Pinelli
Publisher : Bloomsbury Publishing
Page : 479 pages
File Size : 50,5 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509936854

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Rule of Law vs Majoritarian Democracy by Giuliano Amato,Benedetta Barbisan,Cesare Pinelli Pdf

What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.

Author : Lisa Louwerse
Publisher : BRILL
Page : 462 pages
File Size : 43,6 Mb
Release : 2023-09-04
Category : Law
ISBN : 9789004530829

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The EU's Conceptualisation of the Rule of Law in its External Relations by Lisa Louwerse Pdf

This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.

Author : Donald P. Kommers,John E. Finn,Gary J. Jacobsohn
Publisher : Rowman & Littlefield Publishers
Page : 1333 pages
File Size : 41,9 Mb
Release : 2009-07-16
Category : Law
ISBN : 9780742599833

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American Constitutional Law by Donald P. Kommers,John E. Finn,Gary J. Jacobsohn Pdf

American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation. The new edition offers: _ Updated and expanded treatment of key cases on gerrymandering and campaign finance _ Expanded discussion of the Court's work federalism and the commerce clause _ Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law _ An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages _ An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence _ Full coverage of new developments and cases concerning affirmative action and school desegregation

Author : Alexander Domrin
Publisher : Routledge
Page : 208 pages
File Size : 46,7 Mb
Release : 2006-04-18
Category : Political Science
ISBN : 9781134324842

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The Limits of Russian Democratisation by Alexander Domrin Pdf

Written by an established scholar in the field, this text examines the nature of emergency powers and their use in the Russian constitution. It explores the use of such powers in Russian history, comparing the Russian situation with those that exist in other countries and discussing the legal thought underpinning such powers. The practicalities and theories of emergency orders are traced throughout history with Dormin arguing that the longer an emergency regime lasts, the less effective the measure becomes. With original research and remarkable insight, this text will be of interest to scholars examining the new Russia, its rulers, conflicts and motives, as well as its political systems.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 45,8 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Sam Muller,Wim Mijs
Publisher : BRILL
Page : 229 pages
File Size : 55,6 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004637962

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The Flame Rekindled by Sam Muller,Wim Mijs Pdf

Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.

Author : Ziyad Motala,Cyril Ramaphosa
Publisher : Oxford University Press, USA
Page : 492 pages
File Size : 46,6 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063162551

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Constitutional Law by Ziyad Motala,Cyril Ramaphosa Pdf

A comprehensive and analytical treatment of constitutional law and the constitution-making process in South Africa. An invaluable resource to students of law, lawyers, academics and politicians worldwide.

Author : Arthur Gunlicks
Publisher : Manchester University Press
Page : 426 pages
File Size : 40,5 Mb
Release : 2003-11-22
Category : Political Science
ISBN : 071906533X

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The Lander and German Federalism by Arthur Gunlicks Pdf

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 : Denise Wohlwend
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 51,6 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789907421

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The International Rule of Law by Denise Wohlwend Pdf

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

Author : British Library. Document Supply Centre
Publisher : Unknown
Page : 890 pages
File Size : 53,7 Mb
Release : 1998
Category : Conference proceedings
ISBN : UOM:39015048505633

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Index of Conference Proceedings by British Library. Document Supply Centre Pdf

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 43,6 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

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.