Описание: In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
Описание: What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Описание: What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Автор: O`Donoghue Название: Constitutionalism in Global Constitutionalisation ISBN: 1107050251 ISBN-13(EAN): 9781107050259 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The debate on global constitutionalisation has brought about a period of transformation for the global legal order. This book examines whether normative constitutionalism, such as the rule of law and democratic legitimacy, lie at the heart of this contemporary debate on global governance.
Автор: Dowdle Название: Constitutionalism beyond Liberalism ISBN: 1107112753 ISBN-13(EAN): 9781107112759 Издательство: Cambridge Academ Рейтинг: Цена: 10613.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume presents constitutional theory and constitutional practice outside the liberal tradition and beyond European and American experiences in selected countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to interrogate and expand our understanding of the possibilities of constitutionalism as a human phenomenon.
Автор: Will Bateman Название: Public Finance and Parliamentary Constitutionalism ISBN: 1108478115 ISBN-13(EAN): 9781108478113 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is the first book to analyse constitutionalism and public finance in parliamentary systems of government. It provides an historical and contemporary account of the interaction of law and the financial behaviour of Anglophone parliamentary systems of government: focusing on taxation, public expenditure, sovereign borrowing and monetary finance.
Автор: Suami Takao Название: Global Constitutionalism from European and East Asian Perspe ISBN: 1108417116 ISBN-13(EAN): 9781108417112 Издательство: Cambridge Academ Рейтинг: Цена: 21384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examines aspects of international and national law including human rights, rule of law, economic integration and social values and engages scholars from East Asia who critique Western ideas, enrich them through non-western practices and help produce transcultural universal categories of international constitutional law.
Автор: Hirschl Ran Название: City, State: Constitutionalism and the Megacity ISBN: 019092277X ISBN-13(EAN): 9780190922771 Издательство: Oxford Academ Рейтинг: Цена: 8432.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: More than half of the world's population lives in cities; by 2050, it will be more than three quarters. Projections suggest that megacities of 50 million or even 100 million inhabitants will emerge by the end of the century, mostly in the Global South. This shift marks a major and unprecedented transformation of the organization of society, both spatially and geopolitically. Our constitutional institutions and imagination, however, have failed to keep pace with this new reality. Cities have remained virtually absent from constitutional law and constitutional thought, not to mention from comparative constitutional studies more generally. As the world is urbanizing at an extraordinary rate, this book argues, new thinking about constitutionalism and urbanization is desperately needed. In six chapters, the book considers the reasons for the constitutional blind spot concerning the metropolis, probes the constitutional relationship between states and (mega)cities worldwide, examines patterns of constitutional change and stalemate in city status, and aims to carve a new place for the city in constitutional thought, constitutional law and constitutional practice.
Автор: Huebner Timothy S. Название: Liberty and Union: The Civil War Era and American Constitutionalism ISBN: 0700624864 ISBN-13(EAN): 9780700624867 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: "This book is about the relationship between the Civil War generation and the founding generation," Timothy S. Huebner states at the outset of this ambitious and elegant overview of the Civil War era. The book integrates political, military, and social developments into an epic narrative interwoven with the thread of constitutionalism--to show how all Americans engaged the nation's heritage of liberty and constitutional government. Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787--and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era. Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.
Автор: Maria Tzanakopoulou Название: Reclaiming Constitutionalism: Democracy, Power and the State ISBN: 1509939628 ISBN-13(EAN): 9781509939626 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.
Автор: Richard Albert Название: Revolutionary Constitutionalism: Law, Legitimacy, Power ISBN: 150993457X ISBN-13(EAN): 9781509934577 Издательство: Bloomsbury Academic Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book on Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to review essays by authors.
Some contributors advance Ackerman's theory, others attack it, and still others refine it-but all agree that the ideas in the book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical "people" have spoken. A must read for all those interested in the current state of constitutionalism.
Автор: Takao Suami, Anne Peters, Dimitri Vanoverbeke, Mattias Kumm Название: Global Constitutionalism from European and East Asian Perspectives ISBN: 1108810373 ISBN-13(EAN): 9781108810371 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examines aspects of international and national law including human rights, rule of law, economic integration and social values and engages scholars from East Asia who critique Western ideas, enrich them through non-western practices and help produce transcultural universal categories of international constitutional law.
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