Описание: This book explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. It looks in detail at the rich contradictions of the Puerto Rican constitutional experience, focusing on the history and content of the 1952 Constitution. This constitution is the only constitutional document written by the Puerto Rican People themselves after more than 500 years of Spanish and US colonialism.By exploring Puerto Rico’s unique history and constitutional experience the book shines a spotlight on key emerging themes of comparative constitutional studies in this area: state constitutionalism, the persistence of colonial relationships in the Caribbean, and the continued development of constitutionalism in Latin America.The book delves deep into the particular experience of Puerto Rican constitutionalism which combines elements of colonialism, democratic tensions, and progressive policies. It explains how these features converge in a constitutional project that has endured for 70 years and continues its contradictory development. It considers issues such as the island’s colonial history, including its conflicting relationship with democratic values and the constant presence of social movements and their struggles. It also explores the content of the 1952 Constitution, focusing on its progressive substantive policy, particularly its rights provisions, its amendment procedures, and the governmental structure it set up.
Автор: Zander, Professor Michael, Qc (london School Of Economics And Political Science (emeritus)) Название: Law making process the ISBN: 1509934537 ISBN-13(EAN): 9781509934539 Издательство: Bloomsbury Academic Рейтинг: Цена: 8710.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: As a critical, in-depth analysis of the law-making process, this book has no equal.
It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform.
The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament.
The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State - Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise.
There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.
Описание: The challenges states and the EU are likely to face in retaining and even strengthening their respective identities and social cohesion from continued geopolitical shocks, security, economic volatility and environmental degradation is likely to be formidable.
Автор: Cohn Margit Название: A Theory of the Executive Branch: Tension and Legality ISBN: 0198821980 ISBN-13(EAN): 9780198821984 Издательство: Oxford Academ Рейтинг: Цена: 29485.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This monograph offers a theoretical foundation of the executive branch in Western democracies and argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power.
Описание: This book presents a quantitative history of constitutional law in the United States and uses a statistical model of law to bring together humanistic and social-scientific perspectives on legal history.
Описание: This innovative study demonstrates how mixed judicial selection operates to influence judges` and courts` decisions. Written in non-technical language, it will be useful to scholars, students, and those interested in judicial behavior and politics.
Описание: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.
These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Автор: Chang Yun-chien Название: Selection and Decision in Judicial Process around the World ISBN: 110847487X ISBN-13(EAN): 9781108474870 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book empirically explores whether and under what conditions the judicial process is efficient. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Canada, Germany, Japan, and Taiwan, as well as the European Court of Human Rights.
Описание: This book empirically explores whether and under what conditions the judicial process is efficient. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Canada, Germany, Japan, and Taiwan, as well as the European Court of Human Rights.
Автор: Alexander Tsesis Название: Free Speech in the Balance ISBN: 1108424007 ISBN-13(EAN): 9781108424004 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comprehensive study of proportional analysis in free speech theory. It should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.
Автор: Laws, John (cambridge University) Название: Constitutional balance the ISBN: 1509935452 ISBN-13(EAN): 9781509935451 Издательство: Bloomsbury Academic Рейтинг: Цена: 7128.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In TheConstitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today.
The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law.
Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it - "The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of the constitutional balance]".
These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Описание: This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court’s role in enforcing the limits of EU competence in the EU’s political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court’s observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU’s relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary.
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