Constitutional category: 1750 books
by Dr Angioletta Sperti
Language: English
Release Date: May 4, 2017
Language: English
Release Date: May 4, 2017
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting...
Judicial Independence and the American Constitution
A Democratic Paradox
Language: English
Release Date: March 21, 2017
The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch...
by David Haljan
Language: English
Release Date: October 30, 2012
Language: English
Release Date: October 30, 2012
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast...
The Coming of the Nixon Court
The 1972 Term and the Transformation of Constitutional Law
Language: English
Release Date: August 13, 2016
Beginning with Brown v. Board of Education and continuing with a series of decisions that, among other things, expanded the reach of the Bill of Rights, the Supreme Court that Richard Nixon inherited had presided over a progressive revolution in the law. But by 1972 Nixon had managed to replace four...
Original Sin
Clarence Thomas and the Failure of the Constitutional Conservatives
Language: English
Release Date: June 17, 2002
Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on...
Colombian Constitutional Law
Leading Cases
Language: English
Release Date: February 27, 2017
This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along...
by Dr Se-shauna Wheatle
Language: English
Release Date: April 20, 2017
Language: English
Release Date: April 20, 2017
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic...
Building the Constitution
The Practice of Constitutional Interpretation in Post-Apartheid South Africa
Language: English
Release Date: December 15, 2016
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases,...
by Matt Qvortrup
Language: English
Release Date: May 2, 2019
Language: English
Release Date: May 2, 2019
Until recently, referendums were little used. After the Scottish independence and Brexit referendums, they have come to the fore as a mechanism with the potential to disrupt the status quo and radically change political direction. This book looks at the historical development of the referendum, its...
The Veiled Sceptre
Reserve Powers of Heads of State in Westminster Systems
Language: English
Release Date: April 30, 2018
This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied...
by Joshua C. Gellers
Language: English
Release Date: May 18, 2017
Language: English
Release Date: May 18, 2017
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question:...
by
Language: English
Release Date: February 25, 2016
Language: English
Release Date: February 25, 2016
The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected...
Europe's Functional Constitution
A Theory of Constitutionalism Beyond the State
Language: English
Release Date: May 26, 2016
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions...
Judicial Dissent in European Constitutional Courts
A Comparative and Legal Perspective
Language: English
Release Date: September 28, 2017
Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion...