Shaped By The Nuanced Constitution

Author : Christina Lienen
Publisher : Bloomsbury Publishing
Page : 233 pages
File Size : 55,5 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509948826

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Shaped by the Nuanced Constitution by Christina Lienen Pdf

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

Author : Christina Lienen
Publisher : Bloomsbury Publishing
Page : 233 pages
File Size : 49,9 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509948819

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Shaped by the Nuanced Constitution by Christina Lienen Pdf

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

Author : Elizabeth Beaumont
Publisher : Oxford University Press
Page : 361 pages
File Size : 44,8 Mb
Release : 2014
Category : Law
ISBN : 9780199940066

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The Civic Constitution by Elizabeth Beaumont Pdf

The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.

Author : Guy Laforest,Alain-G. Gagnon,Eugénie Brouillet
Publisher : McGill-Queen's Press - MQUP
Page : 371 pages
File Size : 42,9 Mb
Release : 2015-10
Category : History
ISBN : 9780773597822

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The Constitutions that Shaped Us by Guy Laforest,Alain-G. Gagnon,Eugénie Brouillet Pdf

The Constitutions that Shaped Us re-examines from a comparative and critical standpoint the events, key players, and texts which, taken together, help to interpret all Canadian constitutions prior to Confederation. The key constitutional documents that are studied in this book are the Royal Proclamation of 1763, the Quebec Act of 1774, the Constitutional Act of 1791, and the 1840 Act of Union. Great Canadian historians of the past take turns in providing unforgettable sketches and understandings of the actions of monumental figures such as Governors Murray, Carleton, and Elgin, British politicians from Pitt to Burke, Grey, and Durham, without forgetting the leading political and intellectual colonial figures such as Bédard, Papineau, La Fontaine, Mackenzie, and Baldwin. Gathering together the most renowned and representative works of constitutional scholarship, this anthology provides readers with an in-depth account of the events that would ultimately lead to the union of British colonies, the birth of the Dominion of Canada, and the rebirth of political autonomy in a colony known successively as Quebec, Lower Canada, Canada East, and once again Quebec in 1867. Following a general survey of the various constitutions enacted under British rule, this collection includes an equal number of commentaries by French- and English-speaking historians concerning each of the four constitutions to offer the most nuanced view of Canada’s origins to date.

Author : Sujit Choudhry,Madhav Khosla,Pratap Bhanu Mehta
Publisher : Oxford University Press
Page : 1121 pages
File Size : 43,5 Mb
Release : 2016
Category : Law
ISBN : 9780198704898

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The Oxford Handbook of the Indian Constitution by Sujit Choudhry,Madhav Khosla,Pratap Bhanu Mehta Pdf

As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 158 pages
File Size : 45,6 Mb
Release : 1999
Category : Law
ISBN : PURD:32754069236853

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Congress, the Court, and the Constitution by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Pdf

Author : Rosalind Dixon,Tom Ginsburg,Adem Abebe
Publisher : Edward Elgar Publishing
Page : 419 pages
File Size : 45,8 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.

Author : André Johannes Van der Walt
Publisher : AFRICAN SUN MeDIA
Page : 323 pages
File Size : 53,9 Mb
Release : 2005-08-01
Category : Political Science
ISBN : 9781919980829

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Theories of Social and Economic Justice by André Johannes Van der Walt Pdf

The bulk of the contributions in this publication originated in a research project initiated by the Stellenbosch Institute for Advanced Study (STIAS) in 2002. The book is based on the idea that the attainment of greater social and economic justice, specifically in the South African context, is strongly influenced by the implications and the coherence of various theories of social and economic justice.

Author : Alpheus Thomas Mason,D. Grier Stephenson
Publisher : Unknown
Page : 752 pages
File Size : 44,5 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060800526

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American Constitutional Law by Alpheus Thomas Mason,D. Grier Stephenson Pdf

For one/two-semester, sophomore/graduate-level courses in American Constitutional Law, Civil Rights and Civil Liberties, American Constitutional History or Development. This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it displays the role of the U.S. Supreme Court as a legal and political institution and as a major player in American government.

Author : Prasanna S
Publisher : Institute of Legal Education
Page : 578 pages
File Size : 48,9 Mb
Release : 2023-09-04
Category : Law
ISBN : 9788195468768

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A LANDMARK ON THE INDIAN CONSTITUTION by Prasanna S Pdf

In the heart of India's rich legal history lies an extraordinary tale that changed the course of the nation's destiny. "A Landmark on the Indian Constitution" delves into the captivating story of a pivotal moment in the journey of India's democracy. This meticulously researched and engagingly written book explores the untold story of a landmark case that challenged the very foundations of the Indian Constitution. It takes readers on a fascinating journey through the corridors of power, the intricacies of legal arguments, and the passionate debates that echoed in the hallowed halls of justice. The book introduces us to the remarkable individuals who played pivotal roles in this constitutional saga – from the brilliant lawyers who argued the case to the visionary judges who rendered the historic verdict. It uncovers their personal struggles, their unwavering commitment to justice, and the sacrifices they made for the ideals they held dear. As readers embark on this intellectual and emotional journey, they will gain a deeper understanding of the Indian Constitution and the principles that underpin it. "A Landmark on the Indian Constitution" is not just a legal narrative; it's a story of courage, conviction, and the enduring spirit of democracy. This book is a must-read for anyone interested in the intricacies of Indian law, the evolution of democracy, and the indomitable human spirit that shapes the destiny of nations. Please note that this is a fictional description, and there may not be an actual book with this title or content. If you have any specific questions or would like to discuss a different topic, please feel free to ask.

Author : Harold H. Bruff
Publisher : University of Chicago Press
Page : 566 pages
File Size : 46,8 Mb
Release : 2016-11-23
Category : History
ISBN : 9780226418261

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Untrodden Ground by Harold H. Bruff Pdf

Examines constitutional innovations related to executive power made by each of the nation's forty-four presidents.

Author : Mark Elliott,Kirsty Hughes
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 46,5 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509906871

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Common Law Constitutional Rights by Mark Elliott,Kirsty Hughes Pdf

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.

Author : Dr Sanja Bahun,Dr V.G. Julie Rajan
Publisher : Ashgate Publishing, Ltd.
Page : 321 pages
File Size : 40,9 Mb
Release : 2015-09-28
Category : Social Science
ISBN : 9781472453747

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Violence and Gender in the Globalized World by Dr Sanja Bahun,Dr V.G. Julie Rajan Pdf

This revised and updated edition of Violence and Gender in the Globalized World expands the critical picture of gender and violence in the age of globalization by introducing a variety of uncommonly discussed geo-political sites and dynamics. The volume hosts methodologically and disciplinarily diverse contributions from around the world, discussing various contexts including Chechnya, Germany, Iraq, Kenya, Malaysia, Nicaragua, Palestine, the former Yugoslavia, Syria, South Africa, the United States, and the Internet. Bringing together scholars’ and activists’ historicized and site-specific perspectives, this book bridges the gap between theory and practice concerning violence, gender, and agency.

Author : Amarnath Mohanty
Publisher : Taylor & Francis
Page : 284 pages
File Size : 45,7 Mb
Release : 2020-11-29
Category : Law
ISBN : 9781000083804

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Justice, Democracy and State in India by Amarnath Mohanty Pdf

This book explores how the liberal conception of justice with all its ideological underpinnings is reflected in the framing and working of the Constitution of India, in the adoption of broader socio-economic objectives, in the functioning of judicial and state institutions, and in the formulation and implementation of development strategy. It analyses the dynamics of the relationship between justice, democracy and the state. The book studies the liberal conception of social justice and its sufficiency, and interrogates its performance and adequacy within the structural parameters and cultural conditions of postcolonial India. It provides an analytical exposition of how the borrowed and inadequate conception of liberal justice and democracy inherited from colonial past, and the espousal of the derivative developmental pattern based on modernist and constructivist paradigm, have together failed to achieve the modest target of justice enshrined in the Constitution. Interlinking justice, democracy and state, the book examines their operational dynamics in an integrated framework which has relevance for other Third World countries also because of socio-economic and cultural commonalites.

Author : Richard S. Randall
Publisher : Addison-Wesley Longman
Page : 672 pages
File Size : 50,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063160688

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American Constitutional Development: The powers of government by Richard S. Randall Pdf

This volume examines constitutional law in a unique, developmental framework that shows how key events through American history have shaped the Supreme Court's understanding of the Constitution. Places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's constitutional decisions. The book examines the great issues and events of government and politics in the early, middle, and modern constitutions, how they have shaped the Supreme Court's understanding of the Constitution, and how the distributive consequences of that understanding, in turn, affect American political life. For those who are interested in the American constitution.