Comparative Constitution Making Book

Comparative Constitution Making


  • Author : David Landau
  • Publisher : Edward Elgar Publishing
  • Release Date : 2019
  • Genre: Law
  • Pages : 624
  • ISBN 10 : 9781785365263

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Comparative Constitution Making Excerpt :

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Comparative Constitutional Law Book

Comparative Constitutional Law


  • Author : Tom Ginsburg
  • Publisher : Edward Elgar Publishing
  • Release Date : 2011-01-01
  • Genre: Law
  • Pages : 680
  • ISBN 10 : 9780857931214

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Comparative Constitutional Law Excerpt :

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Routledge Handbook of Comparative Constitutional Change Book

Routledge Handbook of Comparative Constitutional Change


  • Author : Xenophon Contiades
  • Publisher : Routledge
  • Release Date : 2020-06-11
  • Genre: Law
  • Pages : 458
  • ISBN 10 : 9781351020978

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Routledge Handbook of Comparative Constitutional Change Excerpt :

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

The Veil of Participation Book

The Veil of Participation


  • Author : Alexander Hudson
  • Publisher : Cambridge University Press
  • Release Date : 2021-04-30
  • Genre: Law
  • Pages : 280
  • ISBN 10 : 9781108840071

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The Veil of Participation Excerpt :

Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.

Constitution Making Book

Constitution Making


  • Author : Sujit Choudhry
  • Publisher : Unknown
  • Release Date : 2016-12-30
  • Genre: Uncategoriezed
  • Pages : 880
  • ISBN 10 : 1783472952

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Constitution Making Excerpt :

Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.

The Law and Legitimacy of Imposed Constitutions Book

The Law and Legitimacy of Imposed Constitutions


  • Author : Richard Albert
  • Publisher : Routledge
  • Release Date : 2018-11-01
  • Genre: Law
  • Pages : 266
  • ISBN 10 : 9781351038966

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The Law and Legitimacy of Imposed Constitutions Excerpt :

Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

The Oxford Handbook of Comparative Constitutional Law Book

The Oxford Handbook of Comparative Constitutional Law


  • Author : Michel Rosenfeld
  • Publisher : OUP Oxford
  • Release Date : 2012-05-17
  • Genre: Law
  • Pages : 1416
  • ISBN 10 : 9780191640179

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The Oxford Handbook of Comparative Constitutional Law Excerpt :

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, con

Comparative Constitutional Law in Latin America Book

Comparative Constitutional Law in Latin America


  • Author : Rosalind Dixon
  • Publisher : Edward Elgar Publishing
  • Release Date : 2017-06-30
  • Genre: Uncategoriezed
  • Pages : 384
  • ISBN 10 : 9781785369216

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Comparative Constitutional Law in Latin America Excerpt :

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Constitution Making and Transnational Legal Order Book

Constitution Making and Transnational Legal Order


  • Author : Gregory Shaffer
  • Publisher : Cambridge University Press
  • Release Date : 2019-04-30
  • Genre: Law
  • Pages : 320
  • ISBN 10 : 9781108473101

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Constitution Making and Transnational Legal Order Excerpt :

Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Comparative Constitutional Theory Book

Comparative Constitutional Theory


  • Author : Gary Jacobsohn
  • Publisher : Edward Elgar Publishing
  • Release Date : 2018
  • Genre: Uncategoriezed
  • Pages : 552
  • ISBN 10 : 9781784719135

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Comparative Constitutional Theory Excerpt :

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

Redrafting Constitutions in Democratic Regimes Book

Redrafting Constitutions in Democratic Regimes


  • Author : Gabriel L. Negretto
  • Publisher : Cambridge University Press
  • Release Date : 2020-09-17
  • Genre: Law
  • Pages : 264
  • ISBN 10 : 9781108839846

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Redrafting Constitutions in Democratic Regimes Excerpt :

This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.

Democracy s Victory and Crisis Book

Democracy s Victory and Crisis


  • Author : Sweden) Nobel Symposium 1994 (Uppsala
  • Publisher : Cambridge University Press
  • Release Date : 1997-08-28
  • Genre: Political Science
  • Pages : 431
  • ISBN 10 : 0521575834

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Democracy s Victory and Crisis Excerpt :

Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.

Comparative Constitutional Design Book

Comparative Constitutional Design


  • Author : Tom Ginsburg
  • Publisher : Cambridge University Press
  • Release Date : 2012-02-27
  • Genre: Law
  • Pages : 393
  • ISBN 10 : 9781107020566

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Comparative Constitutional Design Excerpt :

This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and don't know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes, and many other issues. Bringing together positive and normative analysis, it provides the state of the art in a field of growing theoretical and practical importance.

Advanced Introduction to Comparative Constitutional Law Book

Advanced Introduction to Comparative Constitutional Law


  • Author : Mark Tushnet
  • Publisher : Edward Elgar Publishing
  • Release Date : 2018-03-30
  • Genre: Law
  • Pages : 160
  • ISBN 10 : 9781786437198

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Advanced Introduction to Comparative Constitutional Law Excerpt :

Mark Tushnet excels in updating the Advanced Introduction to Comparative Constitutional Law. In this second edition Tushnet includes new material based on developments in practice and scholarship since the original edition’s publication back in 2014. Topics which are given substantial additional attention include abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments, recent developments in weak- and strong-form constitutional review, and expanded consideration of third generation rights. This title will appeal to those who fell in love with the first edition and those who are interested in learning more about Comparative Constitutional Law.

The Failure of Popular Constitution Making in Turkey Book

The Failure of Popular Constitution Making in Turkey


  • Author : Felix Petersen
  • Publisher : Cambridge University Press
  • Release Date : 2022-06-23
  • Genre: Law
  • Pages : 426
  • ISBN 10 : 1108740189

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The Failure of Popular Constitution Making in Turkey Excerpt :

This book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013, which was an anomaly in the otherwise authoritarian history of Turkish constitutional politics. The authors demonstrate that, even in unfavorable conditions, constitution making that brings together different stakeholders can potentially lead to significant improvement of constitutional regimes. Long-standing societal divides regarding cultural and religious diversity, which were evident in political parties' negotiations, played a significant role in the failure of the process in Turkey. Most notably, the ruling AKP's insistence on establishing a presidential system - supported by neither other political parties nor the public - destabilized the process and exacerbated distrust among the drafters. Unfavorable procedures, particularly an unrealistic deadline and the unanimity principle, prevented consensus and allowed the AKP to hijack the process. The process was a missed opportunity for democratization before Turkey plunged into full-fledged democratic backsliding.