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: This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population.
Автор: Zaid Al-Ali Название: Arab Constitutionalism ISBN: 110842970X ISBN-13(EAN): 9781108429702 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will provide anyone who is interested in constitutional law, Arab politics and peace studies with an insider`s account and analysis of the wave of constitutional reform efforts that followed the 2011 uprisings. This book explains what happened, what did not happen and what is likely to happen.
Описание: Does global constitutionalism have any future in the theory and practice of international law and global governance? This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism. It will appeal to scholars interested in human rights, international law and critical legal theory.
Описание: Does global constitutionalism have any future in the theory and practice of international law and global governance? This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism. It will appeal to scholars interested in human rights, international law and critical legal theory.
Автор: Gillman Howard, Graber Mark A., Whittington Keith E. Название: American Constitutionalism: Volume II: Rights and Liberties ISBN: 0197527647 ISBN-13(EAN): 9780197527641 Издательство: Oxford Academ Рейтинг: Цена: 34255.00 р. Наличие на складе: Нет в наличии.
Описание: In American Constitutionalism, Third Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and for students to reflect on--the political factions and climate of the day. The third edition has been updated through the 2020 SCOTUS session, and features updated cases, analysis, illustrations, and figures.
Описание: This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.
Автор: An-na`im, Abdullahi Ahmed Название: African constitutionalism and the role of islam ISBN: 0812239628 ISBN-13(EAN): 9780812239621 Издательство: Wiley EDC Рейтинг: Цена: 10639.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.
Автор: Menaka Guruswamy, Nishchal Basnyat, Richard Albert Название: Founding Moments in Constitutionalism ISBN: 1509952098 ISBN-13(EAN): 9781509952090 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Founding moments are landmark events that break ties with the ancien regime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries.
This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the ‘founding’ process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
Автор: Bonilla Maldonado Название: Constitutionalism of the Global South ISBN: 1107459400 ISBN-13(EAN): 9781107459403 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights.
Автор: Schilling-Vacaflor Название: New Constitutionalism in Latin America ISBN: 1138271551 ISBN-13(EAN): 9781138271555 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Описание: This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict.
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