Constitutional category: 1750 books
Constituting Empire
New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830
Language: English
Release Date: May 18, 2006
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing...
by
Language: English
Release Date: February 11, 2014
Language: English
Release Date: February 11, 2014
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom...
by Tamas Gyorfi
Language: English
Release Date: September 30, 2016
Language: English
Release Date: September 30, 2016
Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal position against strong constitutional review that puts the emphasis on epistemic...
The Constitution of China
A Contextual Analysis
Language: English
Release Date: August 1, 2012
This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 &...
by Piet Eeckhout
Language: English
Release Date: May 26, 2011
Language: English
Release Date: May 26, 2011
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating...
Protective discrimination in Indian higher education
Reflections from US
Language: English
Release Date: August 2, 2016
Doctoral Thesis / Dissertation from the year 2014 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: NA, Bangalore University / Central College (National Law School of India University Bangalore), course: Ph.D., language: English, abstract: The Indian constitution provided...
Parliamentary Sovereignty
Contemporary Debates
Language: English
Release Date: July 22, 2010
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its...
by Neal Devins, Louis Fisher
Language: English
Release Date: October 1, 2015
Language: English
Release Date: October 1, 2015
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had...
by Adrian Vermeule
Language: English
Release Date: December 30, 2011
Language: English
Release Date: December 30, 2011
A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology,...
Albie Sachs and Transformation in South Africa
From Revolutionary Activist to Constitutional Court Judge
Language: English
Release Date: March 5, 2014
Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the...
Religion-State Relations in the United States and Germany
The Quest for Neutrality
Language: English
Release Date: December 8, 2011
This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme...
by
Language: English
Release Date: October 8, 2015
Language: English
Release Date: October 8, 2015
This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism...
Constitutionalism of the Global South
The Activist Tribunals of India, South Africa, and Colombia
Language: English
Release Date: April 18, 2013
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute)...
Legitimacy Gap
Secularism, Religion, and Culture in Comparative Constitutional Law
Language: English
Release Date: August 25, 2017
This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked...