2016 Document Appendix and Case Supplement to The U.S. Constitution and Comparative Constitutional Law: Texts, Cases, and Materials, Steven Calabresi, Bradley Silverman, Joshua Braver

Автор: Chris Backes, Mariolina Eliantonio
Название: Cases, Materials and Text on Judicial Review of Administrative Action
ISBN: 1509921478 ISBN-13(EAN): 9781509921478
Издательство: Bloomsbury Academic
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Цена: 79190.00 T
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This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases.

The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems.

During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Автор: Bell, Tom W.
Название: Your next government?
ISBN: 1316613925 ISBN-13(EAN): 9781316613924
Издательство: Cambridge Academ
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Цена: 36960.00 T
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Описание: Your Next Government? From the Nation State to Stateless Nations reveals the revolution quietly transforming governments bottom-up, inside-out, worldwide. It will attract scholars of international law and trade, special jurisdictions, development policy, urban planning, and political philosophy, as well as lay readers interested in these topics.

Автор: Richard Albert, David R. Cameron
Название: Canada in the World: Comparative Perspectives on the Canadian Constitution
ISBN: 1108414753 ISBN-13(EAN): 9781108414753
Издательство: Cambridge Academ
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Цена: 46470.00 T
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Описание: Marking the Sesquicentennial of Confederation in Canada, scholars and jurists discuss the evolution of the Canadian Constitution over the past 150 years, the role of the Supreme Court in interpreting the Constitution, and the growing influence of both Constitution and Court on other courts dealing with the most challenging issues of the day.

Автор: Wallis
Название: Constitution Making during State Building
ISBN: 1107666651 ISBN-13(EAN): 9781107666658
Издательство: Cambridge Academ
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Цена: 39060.00 T
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Описание: This book argues that fragmented and divided societies that are not immediately compatible with centralised statehood can best adjust to state structures by emphasising the role of constitution making. It is the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.

Автор: Doyle Oran
Название: Constitution of Ireland
ISBN: 1509903437 ISBN-13(EAN): 9781509903436
Издательство: Bloomsbury Academic
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Цена: 27450.00 T
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Описание: This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts’ interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.

Автор: Miroslaw Granat, Katarzyna Granat
Название: The Constitution of Poland: A Contextual Analysis
ISBN: 1509913947 ISBN-13(EAN): 9781509913947
Издательство: Bloomsbury Academic
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Цена: 95040.00 T
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Описание: This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, regulates a number of issues, such as public finances and sources of law, that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principles of independence and impartiality of the judiciary, fundamental rights and local government. Offering a contextual analysis, the book discusses the main philosophical ideas and value systems that influenced the drafters of the Constitution in the early 1990s. The authors argue that the value choices made reflect a compromise between the main political forces of the period. For instance, the Constitution invokes and balances multiple political, social and historic values, such that none is minimalized or excluded. This inclusive approach is especially visible in the preamble to the Constitution. Moreover the broad, modern catalogue of freedoms and rights in the Constitution reflect similar axiological concerns, anchoring human rights in the concept of human dignity. It is a vital resource for all those interested in Poland's constitution, and the rich comparative constitutional insights the country offers.

Автор: Lisa Burton Crawford, Patrick Emerton, Dale Smith
Название: Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy
ISBN: 1509920854 ISBN-13(EAN): 9781509920853
Издательство: Bloomsbury Academic
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Цена: 95040.00 T
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Описание: Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy’s work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy’s retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.

Автор: Tom W. Bell
Название: Your Next Government? : From the Nation State to Stateless Nations
ISBN: 1107161460 ISBN-13(EAN): 9781107161467
Издательство: Cambridge Academ
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Цена: 110880.00 T
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Описание: Your Next Government? From the Nation State to Stateless Nations reveals the revolution quietly transforming governments bottom-up, inside-out, worldwide. It will attract scholars of international law and trade, special jurisdictions, development policy, urban planning, and political philosophy, as well as lay readers interested in these topics.

Автор: Ulrich Haltern
Название: The Constitution of the European Union: A Contextual Analysis
ISBN: 1782257470 ISBN-13(EAN): 9781782257479
Издательство: Bloomsbury Academic
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Цена: 26390.00 T
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Описание: This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

Автор: Richard Albert, David R. Cameron
Название: Canada in the World: Comparative Perspectives on the Canadian Constitution
ISBN: 1108419739 ISBN-13(EAN): 9781108419734
Издательство: Cambridge Academ
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Цена: 149950.00 T
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Описание: Marking the Sesquicentennial of Confederation in Canada, scholars and jurists discuss the evolution of the Canadian Constitution over the past 150 years, the role of the Supreme Court in interpreting the Constitution, and the growing influence of both Constitution and Court on other courts dealing with the most challenging issues of the day.

Автор: Francesco Palermo, Karl Kossler
Название: Comparative Federalism: Constitutional Arrangements and Case Law
ISBN: 1509901493 ISBN-13(EAN): 9781509901494
Издательство: Bloomsbury Academic
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Цена: 158400.00 T
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Описание: This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book’s two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kossler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western Cape

Автор: Palermo Francesco, Kossler Karl
Название: Comparative Federalism: Constitutional Arrangements and Case Law
ISBN: 1509928464 ISBN-13(EAN): 9781509928460
Издательство: Bloomsbury Academic
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Цена: 73910.00 T
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Описание: This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book’s two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kossler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western Cape