Constitutional Landmarks: Supreme Court Decisions on Separation of Powers, Federalism, and Economic Rights, Lamb Charles M., Neiheisel Jacob R.
Автор: Rachel Cahill-O`Callaghan Название: Values in the Supreme Court: Decisions, Division and Diversity ISBN: 1509921850 ISBN-13(EAN): 9781509921850 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin’s hard cases 'in which the result is not clearly dictated by statute or precedent’. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Автор: Kochenov Название: EU Citizenship and Federalism ISBN: 1107072700 ISBN-13(EAN): 9781107072701 Издательство: Cambridge Academ Рейтинг: Цена: 16632.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This definitive collection examines the foundational importance of citizenship rights in delimiting the scope of EU legislation. Leading experts in EU constitutional law establish an innovative framework that locates these rights beyond the context of the internal market and free movement, outlining key options for a Europe of the future.
Автор: Dimitry Kochenov Название: EU Citizenship and Federalism: The Role of Rights ISBN: 1107421004 ISBN-13(EAN): 9781107421004 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This definitive collection examines the foundational importance of citizenship rights in delimiting the scope of EU legislation. Leading experts in EU constitutional law establish an innovative framework that locates these rights beyond the context of the internal market and free movement, outlining key options for a Europe of the future.
Описание: The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 17th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, and the First Amendment.
Автор: Meydani Название: The Israeli Supreme Court and the Human Rights Revolution ISBN: 1107674832 ISBN-13(EAN): 9781107674837 Издательство: Cambridge Academ Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains the reciprocal relations between the Supreme Court and the Israeli political system. A unique approach, it contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena.
Автор: Gordon Brady Название: The Constitutional Boundaries of European Fiscal Federalism ISBN: 1108830099 ISBN-13(EAN): 9781108830096 Издательство: Cambridge University Press Рейтинг: Цена: 30485.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.
Название: Controversies in american federalism and public policy ISBN: 1138036641 ISBN-13(EAN): 9781138036642 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
Название: Controversies in American Federalism and Public Policy ISBN: 113803665X ISBN-13(EAN): 9781138036659 Издательство: Taylor&Francis Рейтинг: Цена: 23734.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.
As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.
As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
Автор: Jack Beatson Название: Key Ideas in the Rule of Law and the Separation of Powers ISBN: 150993877X ISBN-13(EAN): 9781509938773 Издательство: Bloomsbury Academic Рейтинг: Цена: 2533.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.
Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.
The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.
Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities
Описание: Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.
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