Описание: This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle’s sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged ‘on top of’ each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.
Автор: Victor Ferreres Comella Название: The Constitution of Spain: A Contextual Analysis ISBN: 1849460167 ISBN-13(EAN): 9781849460163 Издательство: Bloomsbury Academic Рейтинг: Цена: 4275.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978.
Автор: Beaumont, Elizabeth Название: The Civic Constitution ISBN: 0190692553 ISBN-13(EAN): 9780190692551 Издательство: Oxford Academ Рейтинг: Цена: 3800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution and its relations to citizens and social movements. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of `civic founders` who worked to reinvent the constitutional order.
Автор: Arnard?ttir, Oddn? Mj?ll Название: Shifting Centres of Gravity in Human Rights Protection ISBN: 0367597012 ISBN-13(EAN): 9780367597016 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Arnardottir Oddny Mjoll Название: Shifting Centres of Gravity in Human Rights Protection ISBN: 113812124X ISBN-13(EAN): 9781138121249 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States.
Описание: Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.
Автор: Doyle Oran Название: Constitution of Ireland ISBN: 1509903437 ISBN-13(EAN): 9781509903436 Издательство: Bloomsbury Academic Рейтинг: Цена: 4117.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts’ interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.
Автор: Jane Henderson Название: The Constitution of the Russian Federation: A Contextual Analysis ISBN: 1509935576 ISBN-13(EAN): 9781509935574 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: '[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law
As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world’s most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia’s President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a ‘return to traditional values’.
The book explores the Constitution’s evolution over its nearly 30 years’ existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia’s historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.
Автор: Boyron, Sophie Название: The Constitution of France ISBN: 1841137359 ISBN-13(EAN): 9781841137353 Издательство: Hart Publishing Рейтинг: Цена: 4275.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is a detailed contextual examination of the constitution of France including its history.
Автор: Bomhoff Jacco Название: Double-Facing Constitution ISBN: 1108485480 ISBN-13(EAN): 9781108485487 Издательство: Cambridge Academ Рейтинг: Цена: 17582.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How do constitutions deal with `foreignness` - with legal norms from other legal systems, with individuals from elsewhere, or with the operation of their own rules abroad? These questions, often marginal in constitutional theory, are central to this book and to the view of `double-facing` constitutional law that it develops and illustrates.
Автор: Petersen Felix Название: Failure of Popular Constitution Making in Turkey ISBN: 1108497624 ISBN-13(EAN): 9781108497626 Издательство: Cambridge Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book details the conditions leading to the failure of constitution making and constitutional reform in Turkey, and offers lessons that can be applied elsewhere. It will appeal to scholars and students of constitutional politics and be valuable supplementary reading for undergraduate and graduate courses in Turkish studies.
Описание: Can Justice Department officials effectively investigate wrongdoing within their own administration without relying on an independent counsel? In Prosecution among Friends political scientist David Alistair Yalof explores the operation of due process as it is navigated within the office of the attorney general and its various subdivisions.
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