The Oxford Handbook of Comparative Administrative Law, Cane Peter, Hofmann Herwig C. H., Ip Eric C.

Название: Unity of public law?
ISBN: 1509915184 ISBN-13(EAN): 9781509915187
Издательство: Bloomsbury Academic
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Цена: 42050.00 T
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Описание: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including the Chief Justices of Australia and New Zealand and appellate judges from Canada and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law. Subject: Constitutional Law & Administrative Law, Comparative Law]

Автор: Konrad Lachmayer, Matthias C Kettemann
Название: Pandemocracy in Europe: Power, Parliaments and People in Times of Covid-19
ISBN: 1509946365 ISBN-13(EAN): 9781509946365
Издательство: Bloomsbury Academic
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Цена: 95040.00 T
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Описание: This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19.

Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19.

Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, and France - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements.

Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies.

In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus.

The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

Автор: Ginsburg
Название: Constitutions in Authoritarian Regimes
ISBN: 1107663946 ISBN-13(EAN): 9781107663947
Издательство: Cambridge Academ
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Цена: 32730.00 T
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Описание: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Автор: Appleby
Название: The Future of Australian Federalism
ISBN: 1107471052 ISBN-13(EAN): 9781107471054
Издательство: Cambridge Academ
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Цена: 46470.00 T
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Описание: This important contribution to the topic of federalism reform brings together eminent lawyers, economists and political scientists from Australia and overseas to explain, analyse and evaluate the operation of the contemporary Australian federal system and to canvass the prospects of and different options for change.

Автор: Ginsburg
Название: Comparative Constitutional Design
ISBN: 110766537X ISBN-13(EAN): 9781107665378
Издательство: Cambridge Academ
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Цена: 48570.00 T
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Описание: This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.

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: Orsolya Salat
Название: The Right to Freedom of Assembly: A Comparative Study
ISBN: 1509916016 ISBN-13(EAN): 9781509916016
Издательство: Bloomsbury Academic
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Цена: 42230.00 T
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Описание: In legal decisions and commentary, freedom of assembly is widely cherished as a precious human right and as indispensable for the preservation of democratic governance. But despite this rhetoric assemblies are subject to extensive regulation, such as prior restraints, and restrictions on the time, place and manner of assemblies. This comparative study examines five influential jurisdictions and reveals similarities and inconsistencies between them. It finds that freedom of assembly is often subjugated to freedom of expression in a way that disregards the expressive potential of assemblies. The shortcomings include the misconstrued content neutrality and public forum doctrines in the US, blanket bans and other restrictions based on intangible and distant harm in the UK, preventative restrictions and viewpoint discrimination in Germany, and the uncertain status of freedom of assembly and opaque judicial reasoning in France. Such inconsistencies also present challenges for the European Court of Human Rights in developing a coherent assembly doctrine. The book argues that it is time for jurisprudence to move away from a narrowly focused concept of expression, and recognise the creative and expressive value of freedom of assembly.

Автор: H. P. Lee, Marilyn Pittard
Название: Asia-Pacific Judiciaries: Independence, Impartiality and Integrity
ISBN: 1108707270 ISBN-13(EAN): 9781108707275
Издательство: Cambridge Academ
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Цена: 46470.00 T
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Описание: Public trust in the judiciary is essential to justice. This book`s contemporary analysis of the role and independence of judges in fifteen countries in the Asia-Pacific exposes the undermining of judicial independence in countries beset by dramatic changes in governments, and the strides to judicial independence in more democratic regimes.

Автор: Joel Colon-Rios
Название: Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power
ISBN: 0415741483 ISBN-13(EAN): 9780415741484
Издательство: Taylor&Francis
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Цена: 57150.00 T
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Описание: It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left’s legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.

Автор: Takao Suami, Anne Peters, Dimitri Vanoverbeke, Mattias Kumm
Название: Global Constitutionalism from European and East Asian Perspectives
ISBN: 1108810373 ISBN-13(EAN): 9781108810371
Издательство: Cambridge Academ
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Цена: 51750.00 T
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Описание: Examines aspects of international and national law including human rights, rule of law, economic integration and social values and engages scholars from East Asia who critique Western ideas, enrich them through non-western practices and help produce transcultural universal categories of international constitutional law.

Автор: Peter Leyland
Название: The Constitution of the United Kingdom: A Contextual Analysis
ISBN: 1509945547 ISBN-13(EAN): 9781509945542
Издательство: Bloomsbury Academic
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Цена: 23220.00 T
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Описание: “...Leyland has produced a slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists as a precursor to a more theoretical examination, and given a very reasonable price one hopes that many students will feel able to purchase their own copy. They will certainly find it worth their while.” – CJS Knight, The Cambridge Law Journal“...provides an excellent discussion of the legal basis of parliamentary sovereignty…” – Alexandra Kelso, Parliamentary AffairsNo one could have imagined when the last edition of this acclaimed book published in 2016, the constitutional earthquakes that were to follow. Brexit, Miller, three prime ministers: little of the United Kingdom’s constitution was unaffected. This much needed new edition retains its hallmark clarity and coherence, with sufficient detail for the novice to develop an informed view of how the constitution works. Taking a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the distribution of power. In addition, it offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of modernising reforms. This significantly updated edition provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. Engaging with the central issues in play as the UK enters a new chapter of its constitutional story, it explores Brexit, devolution, the Fixed Term Parliament Act, parliamentary sovereignty, and House of Lords reform.Combining clarity and authority, the author makes sense of a fascinating but sometimes impenetrable subject.

Автор: Helene Tyrrell
Название: Human Rights in the UK and the Influence of Foreign Jurisprudence
ISBN: 1509943862 ISBN-13(EAN): 9781509943869
Издательство: Bloomsbury Academic
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Цена: 41170.00 T
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Описание: Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term ‘persuasive authority’ might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.