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Rights Based Constitutional Review


Rights Based Constitutional Review
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Rights Based Constitutional Review


Rights Based Constitutional Review
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Author : John Bell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29

Rights Based Constitutional Review written by John Bell and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.


Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.



Constitutionality Of Law Without A Constitutional Court


Constitutionality Of Law Without A Constitutional Court
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Author : Mirosław Granat
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-01

Constitutionality Of Law Without A Constitutional Court written by Mirosław Granat and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Law categories.


This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics.



Principles Of French Constitutional Law


Principles Of French Constitutional Law
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Author : Marie-Luce Paris
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-11

Principles Of French Constitutional Law written by Marie-Luce Paris and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-11 with Law categories.


Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system, presenting a muchneeded up-to-date overview of this rapidly changing subject. The textbook explores the five essential pillars that underpin the teaching of constitutional law, namely the institutions, legal history, case law, comparative law, and current affairs and developments. It is split into two core sections: Part I examines the basis of French constitutional law, the theoretical developments about key notions of constitutional law such as the state and the constitution, as well as the historical background to French constitutional law. Part II provides students with an understanding of the current Fifth Republic and how constitutional rules are adopted and applied, and how they affect other areas of law and politics. It offers a critical account of the 1958 Constitution’s past, present, and future by placing it in its political and socio-historical contexts and critically assessing contemporary developments and constitutional reforms. Given the growing expansion of this branch of law in the French legal system, this book will be essential reading for anyone studying French Law, Law with French, Comparative Constitutional Law, and European Legal Studies.



Accountability In The Contemporary Constitution


Accountability In The Contemporary Constitution
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Author : Nicholas Bamforth
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-09

Accountability In The Contemporary Constitution written by Nicholas Bamforth and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with Law categories.


Accountability in the context of constitutional and administrative law is a complex concept. This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi-layered government.



The Max Planck Handbooks In European Public Law


The Max Planck Handbooks In European Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2023

The Max Planck Handbooks In European Public Law written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.


"The fourth volume of the Max Planck Handbooks in European Public Law series compares European constitutional jurisdiction in the perspective of the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy or their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship to the ECJ, the ECtHR and the Venice Commission as well as their (constitutional) function. Finally, the volume is devoted to the challenges currently facing constitutional jurisdiction in the European Legal Space. The historical, political, and theoretical foundations as well as the basic doctrinal features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated"--



The Supreme Court And Constitutional Theory 1953 1993


The Supreme Court And Constitutional Theory 1953 1993
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Author : Ronald Kahn
language : en
Publisher:
Release Date : 1994

The Supreme Court And Constitutional Theory 1953 1993 written by Ronald Kahn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.


Combining theoretical sophistication with a fundamental comprehension of the political institutions of the USA, this study aims to demystify the workings of the United States Supreme Court and its place in democracy.



Constitutional Theory


Constitutional Theory
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Author : Wojciech Sadurski
language : en
Publisher: Ashgate Publishing
Release Date : 2005

Constitutional Theory written by Wojciech Sadurski and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


In this volume, key contributors consider various elements of constitutional theory, creating a work of immense interest to legal scholars and political scientists alike.



Human Rights Review South Africa


Human Rights Review South Africa
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Author :
language : en
Publisher:
Release Date : 1995

Human Rights Review South Africa written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Civil rights categories.




Bulletin On Constitutional Case Law


Bulletin On Constitutional Case Law
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Author :
language : en
Publisher:
Release Date : 2016

Bulletin On Constitutional Case Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Constitutional courts categories.




Digest Review Of Reviews Incorporating Literary Digest


Digest Review Of Reviews Incorporating Literary Digest
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Author :
language : en
Publisher:
Release Date : 1892

Digest Review Of Reviews Incorporating Literary Digest written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with American wit and humor categories.