The Oxford Handbook of Comparative Administrative Law, Cane Peter, Hofmann Herwig C. H., Ip Eric C.
Название: Unity of public law? ISBN: 1509915184 ISBN-13(EAN): 9781509915187 Издательство: Bloomsbury Academic Рейтинг: Цена: от 5734.00 р. Наличие на складе: Есть
Описание: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including the Chief Justices of Australia and New Zealand and appellate judges from Canada and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law. Subject: Constitutional Law & Administrative Law, Comparative Law]
Описание: This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19.
Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19.
Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, and France - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements.
Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies.
In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus.
The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Автор: Ginsburg Название: Constitutions in Authoritarian Regimes ISBN: 1107663946 ISBN-13(EAN): 9781107663947 Издательство: Cambridge Academ Рейтинг: Цена: 4910.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Автор: Appleby Название: The Future of Australian Federalism ISBN: 1107471052 ISBN-13(EAN): 9781107471054 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This important contribution to the topic of federalism reform brings together eminent lawyers, economists and political scientists from Australia and overseas to explain, analyse and evaluate the operation of the contemporary Australian federal system and to canvass the prospects of and different options for change.
Автор: Ginsburg Название: Comparative Constitutional Design ISBN: 110766537X ISBN-13(EAN): 9781107665378 Издательство: Cambridge Academ Рейтинг: Цена: 7286.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.
Автор: Orsolya Salat Название: The Right to Freedom of Assembly: A Comparative Study ISBN: 1509916016 ISBN-13(EAN): 9781509916016 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In legal decisions and commentary, freedom of assembly is widely cherished as a precious human right and as indispensable for the preservation of democratic governance. But despite this rhetoric assemblies are subject to extensive regulation, such as prior restraints, and restrictions on the time, place and manner of assemblies. This comparative study examines five influential jurisdictions and reveals similarities and inconsistencies between them. It finds that freedom of assembly is often subjugated to freedom of expression in a way that disregards the expressive potential of assemblies. The shortcomings include the misconstrued content neutrality and public forum doctrines in the US, blanket bans and other restrictions based on intangible and distant harm in the UK, preventative restrictions and viewpoint discrimination in Germany, and the uncertain status of freedom of assembly and opaque judicial reasoning in France. Such inconsistencies also present challenges for the European Court of Human Rights in developing a coherent assembly doctrine. The book argues that it is time for jurisprudence to move away from a narrowly focused concept of expression, and recognise the creative and expressive value of freedom of assembly.
Автор: H. P. Lee, Marilyn Pittard Название: Asia-Pacific Judiciaries: Independence, Impartiality and Integrity ISBN: 1108707270 ISBN-13(EAN): 9781108707275 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Public trust in the judiciary is essential to justice. This book`s contemporary analysis of the role and independence of judges in fifteen countries in the Asia-Pacific exposes the undermining of judicial independence in countries beset by dramatic changes in governments, and the strides to judicial independence in more democratic regimes.
Автор: Richard Albert, Xenophon Contiades, Alkmene Fotiadou Название: The Foundations and Traditions of Constitutional Amendment ISBN: 1509934634 ISBN-13(EAN): 9781509934638 Издательство: Bloomsbury Academic Рейтинг: Цена: 11086.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change.
This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written.
This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
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.
Автор: Peter Leyland Название: The Constitution of the United Kingdom: A Contextual Analysis ISBN: 1509945547 ISBN-13(EAN): 9781509945542 Издательство: Bloomsbury Academic Рейтинг: Цена: 3483.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: “...Leyland has produced a slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists as a precursor to a more theoretical examination, and given a very reasonable price one hopes that many students will feel able to purchase their own copy. They will certainly find it worth their while.” – CJS Knight, The Cambridge Law Journal“...provides an excellent discussion of the legal basis of parliamentary sovereignty…” – Alexandra Kelso, Parliamentary AffairsNo one could have imagined when the last edition of this acclaimed book published in 2016, the constitutional earthquakes that were to follow. Brexit, Miller, three prime ministers: little of the United Kingdom’s constitution was unaffected. This much needed new edition retains its hallmark clarity and coherence, with sufficient detail for the novice to develop an informed view of how the constitution works. Taking a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the distribution of power. In addition, it offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of modernising reforms. This significantly updated edition provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. Engaging with the central issues in play as the UK enters a new chapter of its constitutional story, it explores Brexit, devolution, the Fixed Term Parliament Act, parliamentary sovereignty, and House of Lords reform.Combining clarity and authority, the author makes sense of a fascinating but sometimes impenetrable subject.
Описание: Longlisted for the 2022 Inner Temple Main Book Prize
Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term ‘persuasive authority’ might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
Описание: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.
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