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Author : Aileen Kavanagh
Publisher : Cambridge University Press
Page : 509 pages
File Size : 40,7 Mb
Release : 2023-09-30
Category : Law
ISBN : 9781108493260
Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
Author : Signe Rehling Larsen
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 42,7 Mb
Release : 2021-02-04
Category : Law
ISBN : 9780198859260
This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.
Author : Aileen Kavanagh
Publisher : Cambridge University Press
Page : 509 pages
File Size : 51,5 Mb
Release : 2023-09-30
Category : Law
ISBN : 9781108622479
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Author : David Bilchitz
Publisher : Cambridge University Press
Page : 523 pages
File Size : 42,9 Mb
Release : 2021-11-11
Category : Business & Economics
ISBN : 9781108841948
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 47,9 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author : Jack Beatson
Publisher : Bloomsbury Publishing
Page : 193 pages
File Size : 40,5 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509938803
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?
Author : Shreya Atrey,Peter Dunne
Publisher : Bloomsbury Publishing
Page : 259 pages
File Size : 52,6 Mb
Release : 2020-12-10
Category : Political Science
ISBN : 9781509935307
This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.
Author : David R. Cameron
Publisher : University of Toronto Press
Page : 326 pages
File Size : 41,7 Mb
Release : 2021-11-17
Category : Canada
ISBN : 9781487524210
The Daily Plebiscite offers a multi-faceted analysis of Canada's national unity crisis from the perspective of someone who lived through it all.
Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 45,5 Mb
Release : 2020
Category : Law
ISBN : 9780190922771
"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--
Author : Rehan Abeyratne,Ngoc Son Bui
Publisher : Routledge
Page : 318 pages
File Size : 51,7 Mb
Release : 2021-11-30
Category : Law
ISBN : 9781000483734
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.
Author : Aileen Kavanagh
Publisher : Cambridge University Press
Page : 470 pages
File Size : 55,8 Mb
Release : 2009-05-07
Category : Law
ISBN : 9781139488969
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 265 pages
File Size : 46,8 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108839846
This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.
Author : Mark D. Walters
Publisher : Cambridge University Press
Page : 479 pages
File Size : 44,6 Mb
Release : 2020-11-12
Category : Biography & Autobiography
ISBN : 9781107028470
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Author : Paul Blokker,Chris Thornhill
Publisher : Cambridge University Press
Page : 369 pages
File Size : 53,5 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781107124042
This landmark book provides the first systematic overview of key research in the sociology of constitutions.
Author : Rachael Walsh
Publisher : Cambridge University Press
Page : 321 pages
File Size : 48,5 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108426930
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
