Описание: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.
Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of ‘harm’ that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Описание: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.
Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of ‘harm’ that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Автор: Catherine Dupr? Название: The Age of Dignity: Human Rights and Constitutionalism in Europe ISBN: 1849461031 ISBN-13(EAN): 9781849461030 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity’s origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity’s varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.
Автор: Dupre, Catherine Название: Age of dignity ISBN: 1509920013 ISBN-13(EAN): 9781509920013 Издательство: Bloomsbury Academic Рейтинг: Цена: 4750.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity’s origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity’s varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.
Описание: Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
Описание: This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with shari a and the Islamic ethos.
Автор: Jiunn-rong Yeh, Kevin YL Tan, Li-ann Thio, Wen-Che Название: Constitutionalism in Asia: Cases and Materials ISBN: 1849462348 ISBN-13(EAN): 9781849462341 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is a collection of judiciously selected constitutional law materials from Asia designed for scholars and students of constitutional law and comparative constitutional law.
Автор: Andras Sajo, Michel Rosenfeld, Norman Dorsen, Susanna Mancini, Susanne Baer Название: Comparative Constitutionalism: Cases and Materials ISBN: 1684675502 ISBN-13(EAN): 9781684675500 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 48926.00 р. Наличие на складе: Поставка под заказ.
Описание: examines how the vast increase in international movements of people, capital, goods, ideas and information affects politics in and beyond nation-states, the rule of law and separation of powers, and fundamental rights. This casebook contains case excerpts from at least 40 countries in all continents.
Автор: de B?rca Название: The Worlds of European Constitutionalism ISBN: 0521177758 ISBN-13(EAN): 9780521177757 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Поставка под заказ.
Описание: Addresses the lively contemporary debate about the nature and limits of EU law`s primacy over both national and international law. Leading EU constitutional scholars thoroughly analyse the EU`s legal and constitutional character and authority, providing a sharp and engaging discussion for students and scholars of EU politics and law.
Автор: Loughlin, Martin; Walker, Neil Название: The Paradox of Constitutionalism ISBN: 0199552207 ISBN-13(EAN): 9780199552207 Издательство: Oxford Academ Рейтинг: Цена: 9187.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In modern political communities ultimate authority is often thought to reside with `the people`. This book examines how constitutions act as a delegation of power from `the people` to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Описание: Using Malaysia as a case study, this book examines developments to key national security laws in the last decade and critically analyses the extent to which they embody law reform aimed at strengthening the rule of law and establishing a functional and inclusive democracy.
Adopting a contextual approach that assesses these legal developments alongside the political transition and reawakening of civil society in Malaysia, the book documents how the notion of ‘national security’ has largely been conflated with ‘regime security’, and demonstrates that the new laws have in the main, failed to meet such rule of law and democratic aspirations.
Tracing this failure to underlying problems in the Federal Constitution understood within the broader socio-political context, the book provides conceptual and practical lessons about the law and practice of national security in aspiring democracies. In proposing recommendations for more effective reform, the book offers an alternative vision of freedom, state power and the constitution in Malaysia.
Автор: Christoph Bezemek Название: Constitutionalism 2030 ISBN: 150994270X ISBN-13(EAN): 9781509942701 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.
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