Описание: The status of the doctrine of parliamentary sovereignty in the contemporary UK constitution is much contested. This book develops an account of the continuing significance of the doctrine.
Автор: Crum Название: Learning from the EU Constitutional Treaty ISBN: 1138812897 ISBN-13(EAN): 9781138812895 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization.
As international organizations become permanent systems of governance that directly interfere in individuals' lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures.
Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.
Автор: Gargarella Название: The Legal Foundations of Inequality ISBN: 1107617812 ISBN-13(EAN): 9781107617810 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the influence of opposing constitutional ideals during the `founding period` of constitutionalism in the Americas. Examining a range of countries, including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.
Автор: B?li Название: Constitution Writing, Religion and Democracy ISBN: 1107070511 ISBN-13(EAN): 9781107070516 Издательство: Cambridge Academ Рейтинг: Цена: 19483.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This comparative and conceptual analysis of the role played by constitutions in addressing religious conflicts draws on fourteen different countries in Europe, Africa, Asia and the Middle East in order to explore various approaches taken by constitutional drafters in mitigating tensions over a state`s religious identity.
Название: Writing democracy ISBN: 1782385045 ISBN-13(EAN): 9781782385042 Издательство: Berghahn Рейтинг: Цена: 16988.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers’ negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities – Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents.
Автор: Levy, Ron (australian National University, Australia) Orr, Graeme (university Of Queensland, Australia) Название: Law of deliberative democracy ISBN: 1138481882 ISBN-13(EAN): 9781138481886 Издательство: Taylor&Francis Рейтинг: Цена: 7654.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy - a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.
Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation's weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Автор: Bвli Asli Ь. Название: Constitution Writing, Religion and Democracy ISBN: 110769454X ISBN-13(EAN): 9781107694545 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This comparative and conceptual analysis of the role played by constitutions in addressing religious conflicts draws on fourteen different countries in Europe, Africa, Asia and the Middle East in order to explore various approaches taken by constitutional drafters in mitigating tensions over a state`s religious identity.
Автор: Mashaw Jerry L. Название: Reasoned Administration and Democratic Legitimacy ISBN: 1108413110 ISBN-13(EAN): 9781108413114 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Modern government is administrative government. This book provides anyone with an interest in politics, law or public administration with a detailed account of how administrative governance works and how administrative law`s emphasis on reason giving protects both respect for individual autonomy, the rule of law, and democratic legitimacy.
Описание: Presenting a contrarian voice against a growing trend toward ever greater reliance on courts as democracy-builders, this book is aimed at a broad community of public lawyers, political scientists, and policymakers concerned with the role constitutional courts and regional human rights courts can play in developing democracy in post-authoritarian states.
Автор: Tyulkina Название: Militant Democracy ISBN: 113801642X ISBN-13(EAN): 9781138016422 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The term 'militant democracy' was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors.
This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers.
In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Автор: Costa Название: The Accountability Gap in EU law ISBN: 1138939315 ISBN-13(EAN): 9781138939318 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU.
This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.
Автор: Tyulkina Название: Militant Democracy ISBN: 113828159X ISBN-13(EAN): 9781138281592 Издательство: Taylor&Francis Рейтинг: Цена: 7348.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The term 'militant democracy' was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors.
This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers.
In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
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