Routledge Handbook Of Comparative Constitutional Change

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Routledge Handbook of Comparative Constitutional Change

Xenophon Contiades,Alkmene Fotiadou
Routledge Handbook of Comparative Constitutional Change Book PDF

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 47,7 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.

Routledge Handbook of Constitutional Law

Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Routledge Handbook of Constitutional Law Book PDF

Author : Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Publisher : Routledge
Page : 504 pages
File Size : 49,8 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135100193

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Routledge Handbook of Constitutional Law by Mark Tushnet,Thomas Fleiner,Cheryl Saunders Pdf

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

Routledge Handbook of Comparative Constitutional Change

Xenophon Contiades,Alkmene Fotiadou
Routledge Handbook of Comparative Constitutional Change Book PDF

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 489 pages
File Size : 54,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020961

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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.

The Law and Legitimacy of Imposed Constitutions

Richard Albert,Xenophon Contiades,Alkmene Fotiadou
The Law and Legitimacy of Imposed Constitutions Book PDF

Author : Richard Albert,Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 266 pages
File Size : 49,8 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781351038966

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The Law and Legitimacy of Imposed Constitutions by Richard Albert,Xenophon Contiades,Alkmene Fotiadou Pdf

Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

Routledge Handbook of Comparative Political Institutions

Jennifer Gandhi,Rubén Ruiz-Rufino
Routledge Handbook of Comparative Political Institutions Book PDF

Author : Jennifer Gandhi,Rubén Ruiz-Rufino
Publisher : Routledge
Page : 527 pages
File Size : 53,5 Mb
Release : 2015-04-10
Category : Political Science
ISBN : 9781317551782

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Routledge Handbook of Comparative Political Institutions by Jennifer Gandhi,Rubén Ruiz-Rufino Pdf

The Routledge Handbook of Comparative Political Institutions (HCPI) is designed to serve as a comprehensive reference guide to our accumulated knowledge and the cutting edge of scholarship about political institutions in the comparative context. It differs from existing handbooks in that it focuses squarely on institutions but also discusses how they intersect with the study of mass behaviour and explain important outcomes, drawing on the perspective of comparative politics. The Handbook is organized into three sections: The first section, consisting of six chapters, is organized around broad theoretical and empirical challenges affecting the study of institutions. It highlights the major issues that emerge among scholars defining, measuring, and analyzing institutions. The second section includes fifteen chapters, each of which handles a different substantive institution of importance in comparative politics. This section covers traditional topics, such as electoral rules and federalism, as well as less conventional but equally important areas, including authoritarian institutions, labor market institutions, and the military. Each chapter not only provides a summary of our current state of knowledge on the topic, but also advances claims that emphasise the research frontier on the topic and that should encourage greater investigation. The final section, encompassing seven chapters, examines the relationship between institutions and a variety of important outcomes, such as political violence, economic performance, and voting behavior. The idea is to consider what features of the political, sociological, and economic world we understand better because of the scholarly attention to institutions. Featuring contributions from leading researchers in the field from the US, UK, Europe and elsewhere, this Handbook will be of great interest to all students and scholars of political institutions, political behaviour and comparative politics. Jennifer Gandhi is Associate Professor, Department of Political Science, Emory University. Rubén Ruiz-Rufino is Lecturer in International Politics, Department of Political Economy, King’s College London.

The Routledge Handbook of Subnational Constitutions and Constitutionalism

Patricia Popelier,Giacomo Delledonne,Nicholas Aroney
The Routledge Handbook of Subnational Constitutions and Constitutionalism Book PDF

Author : Patricia Popelier,Giacomo Delledonne,Nicholas Aroney
Publisher : Unknown
Page : 336 pages
File Size : 53,6 Mb
Release : 2022
Category : Comparative government
ISBN : 0367510170

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The Routledge Handbook of Subnational Constitutions and Constitutionalism by Patricia Popelier,Giacomo Delledonne,Nicholas Aroney Pdf

"This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term 'multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance."--Page 4 de la couverture.

The Routledge Handbook of Comparative Territorial Autonomies

Brian C. H. Fong,Atsuko Ichijo
The Routledge Handbook of Comparative Territorial Autonomies Book PDF

Author : Brian C. H. Fong,Atsuko Ichijo
Publisher : Routledge
Page : 413 pages
File Size : 49,9 Mb
Release : 2022-06-28
Category : Political Science
ISBN : 9781000599480

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The Routledge Handbook of Comparative Territorial Autonomies by Brian C. H. Fong,Atsuko Ichijo Pdf

The Routledge Handbook of Comparative Territorial Autonomies affords a comprehensive, pioneering and interdisciplinary survey of this emerging field. Moving beyond traditionally narrower engagements with the subject, it combines approaches to comparative law and comparative politics to provide an authoritative guide to the principal theoretical and empirical topics in the area. Bringing together a team of cutting-edge scholars from different disciplines and continents, the volume illuminates the latest thinking and scholarship on comparative territorial autonomies. This Handbook is an authoritative, essential reference text for students, academics and researchers in its field. It will also be of key interest to those in the fields of comparative politics, comparative law, local/regional government, federalism, decentralisation and nationalism, as well as practitioners in think tanks, NGOs and international governmental organisations.

Engineering Constitutional Change

Xenophon Contiades
Engineering Constitutional Change Book PDF

Author : Xenophon Contiades
Publisher : Routledge
Page : 490 pages
File Size : 42,6 Mb
Release : 2012-12-20
Category : Law
ISBN : 9781136210778

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Engineering Constitutional Change by Xenophon Contiades Pdf

This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country’s amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering. This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.

Routledge Handbook of Illiberalism

András Sajó,Renáta Uitz,Stephen Holmes
Routledge Handbook of Illiberalism Book PDF

Author : András Sajó,Renáta Uitz,Stephen Holmes
Publisher : Routledge
Page : 1024 pages
File Size : 51,5 Mb
Release : 2021-11-30
Category : Political Science
ISBN : 9781000479454

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Routledge Handbook of Illiberalism by András Sajó,Renáta Uitz,Stephen Holmes Pdf

The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.

Routledge Handbook of Media Law

Monroe E. Price,Stefaan Verhulst,Libby Morgan
Routledge Handbook of Media Law Book PDF

Author : Monroe E. Price,Stefaan Verhulst,Libby Morgan
Publisher : Routledge
Page : 616 pages
File Size : 55,7 Mb
Release : 2013-01-04
Category : Law
ISBN : 9781135109011

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Routledge Handbook of Media Law by Monroe E. Price,Stefaan Verhulst,Libby Morgan Pdf

Featuring specially commissioned chapters from experts in the field of media and communications law, this book provides an authoritative survey of media law from a comparative perspective. The handbook does not simply offer a synopsis of the state of affairs in media law jurisprudence, rather it provides a better understanding of the forces that generate media rules, norms, and standards against the background of major transformations in the way information is mediated as a result of democratization, economic development, cultural change, globalization and technological innovation. The book addresses a range of issues including: Media Law and Evolving Concepts of Democracy Network neutrality and traffic management Public Service Broadcasting in Europe Interception of Communication and Surveillance in Russia State secrets, leaks and the media A variety of rule-making institutions are considered, including administrative, and judicial entities within and outside government, but also entities such as associations and corporations that generate binding rules. The book assesses the emerging role of supranational economic and political groupings as well as non-Western models, such as China and India, where cultural attitudes toward media freedoms are often very different. Monroe E. Price is Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania and Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, Media and Society at the Cardozo School of Law. Stefaan Verhulst is Chief of Research at the Markle Foundation. Previously he was the co-founder and co-director, with Professor Monroe Price, of the Programme in Comparative Media Law and Policy (PCMLP) at Oxford University, as well as senior research fellow at the Centre for Socio Legal Studies. Libby Morgan is the Associate Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania.

Routledge Handbook of Law and the COVID-19 Pandemic

Joelle Grogan,Alice Donald
Routledge Handbook of Law and the COVID 19 Pandemic Book PDF

Author : Joelle Grogan,Alice Donald
Publisher : Routledge
Page : 370 pages
File Size : 49,7 Mb
Release : 2022-05-16
Category : Law
ISBN : 9781000582130

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Routledge Handbook of Law and the COVID-19 Pandemic by Joelle Grogan,Alice Donald Pdf

The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.

The Routledge Handbook to Accountability and Welfare State Reforms in Europe

Tom Christensen,Per Lægreid
The Routledge Handbook to Accountability and Welfare State Reforms in Europe Book PDF

Author : Tom Christensen,Per Lægreid
Publisher : Taylor & Francis
Page : 296 pages
File Size : 53,6 Mb
Release : 2016-11-25
Category : Political Science
ISBN : 9781317044208

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The Routledge Handbook to Accountability and Welfare State Reforms in Europe by Tom Christensen,Per Lægreid Pdf

There is growing concern that welfare states are inefficient, unsustainable and lack popular support. New Public Management reforms affected the balance between managerial and political accountability and disrupted administrative, legal, professional and social accountability, causing confusion as to whom public organizations are really accountable. The Routledge Handbook to Accountability and Welfare State Reforms in Europe assesses multi-dimensional accountability relations in depth, addressing the dynamic between accountability and reforms. Analyzing how welfare state reforms oriented towards agencification, managerialism and marketization affected existing relationships in services traditionally provided by public institutions, the theoretically informed, empirical chapters provide specific examples of their effect on accountability. Expert contributors explore the relationship between accountability and performance and the impact of reforms on political, administrative, managerial, legal, professional and social accountability. The role of specific actors, such as the media and citizens, on the accountability process addressing issues of blame avoidance, reputation and autonomous agencies is discussed. Comparative chapters across time, countries, administrative levels and policy areas are included, along with discussions linking accountability with concepts like legitimacy, democracy, coordination and performance. This handbook will be an essential reference tool to those studying European politics and public policy.

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

Rehan Abeyratne,Ngoc Son Bui
The Law and Politics of Unconstitutional Constitutional Amendments in Asia Book PDF

Author : Rehan Abeyratne,Ngoc Son Bui
Publisher : Routledge
Page : 318 pages
File Size : 48,7 Mb
Release : 2021-11-30
Category : Law
ISBN : 9781000483734

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The Law and Politics of Unconstitutional Constitutional Amendments in Asia by Rehan Abeyratne,Ngoc Son Bui Pdf

This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.

Comparative Constitutional Law in Africa

Rosalind Dixon,Tom Ginsburg,Adem Abebe
Comparative Constitutional Law in Africa Book PDF

Author : Rosalind Dixon,Tom Ginsburg,Adem Abebe
Publisher : Edward Elgar Publishing
Page : 419 pages
File Size : 51,9 Mb
Release : 2022-12-06
Category : Law
ISBN : 9781839106897

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Comparative Constitutional Law in Africa by Rosalind Dixon,Tom Ginsburg,Adem Abebe Pdf

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.

The Architecture of Constitutional Amendments

Richard Albert
The Architecture of Constitutional Amendments Book PDF

Author : Richard Albert
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 55,9 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509959105

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The Architecture of Constitutional Amendments by Richard Albert Pdf

This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.