Название: Sociology of Constitutions ISBN: 1138497568 ISBN-13(EAN): 9781138497566 Издательство: Taylor&Francis Рейтинг: Цена: 7654.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.
The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.
The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.
Anneli Albi is Professor of European Law at the University of Kent, United Kingdom.
Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Canada has abundant natural wealth -- beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the worst environmental records in the industrialized world.
Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd, one of Canada’s leading environmental lawyers, describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. The overwhelming majority of the world’s nations now recognize environmental rights through laws, constitutions, treaties, or court decisions. Boyd explores Canada’s history of failed efforts to do the same within this international context and offers three pathways to constitutional recognition of the right to a healthy environment.
This important and provocative book provides a blueprint for renewed leadership in protecting human health, the well-being of the planet, and the interests of future generations.
Описание: Many contemporary democracies face popular pressure to profoundly transform or replace their constitutions. This book shows how redrafting constitutions in democratic regimes may contribute to the improvement or erosion of democracy. Its interdisciplinary and comparative perspective makes it a valuable resource to scholars of law and politics.
Автор: Lambert, Priscilla A. Название: Gender, Constitutions, and Equality ISBN: 1032301619 ISBN-13(EAN): 9781032301617 Издательство: Taylor&Francis Рейтинг: Цена: 5970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The new edition of Farber, Eskridge, Frickey, and Schacter's Cases and Materials on Constitutional Law exploits two of the most exciting developments in Constitutional Law teaching in the last thirty years: the judiciary's dramatic engagement with social movements and key political debates, and academic and judicial deployment of original meaning as a central methodology. Thus, the new edition presents a most systematic introduction of original meaning methodology for law students, starting with the evolution of "originalism" in response to the academic debates over Brown v. Board of Education , and continuing with in-depth examination of what original meaning teaches us about the Fourteenth Amendment, as well as the First and Second Amendments, the Commerce Clause and other authorizations for congressional regulation, and the separation of powers. The new edition provides in-depth treatment of the most exciting issues in constitutional law today—including the validity of affirmative action, the continuing battle over abortion restrictions, the recognition of same sex marriage and the continuing clash between claims based on gay rights and those based on religious freedom, the expanded use of the First Amendment to limit economic regulation, more aggressive deployment of justiciability limitations based upon Article III, and issues of presidential power posed by the current Administration as well as its recent predecessors.
Автор: Reed Thomas J Название: America`s Two Constitutions ISBN: 1683931149 ISBN-13(EAN): 9781683931140 Издательство: Неизвестно Рейтинг: Цена: 13332.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: America`s Two Constitutions examines the history of treatment of antiwar dissenters from the American Revolution by the government and by vigilantes down to post-9/11, concluding that the United States has two constitutions, one for peacetime and another in time of war.
Описание: Surveys more than two centuries of scholarship on Article V of the US Constitution and concludes that the weight of the evidence indicates that states and Congress have the legal right to limit the scope of such conventions to a single subject and that political considerations would make a runaway convention unlikely.
Автор: Tuori, Kaarlo Название: The Many Constitutions of Europe ISBN: 1409404684 ISBN-13(EAN): 9781409404682 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Поставка под заказ.
Автор: Lambert, Priscilla A. Название: Gender, Constitutions, and Equality ISBN: 1032301643 ISBN-13(EAN): 9781032301648 Издательство: Taylor&Francis Рейтинг: Цена: 20671.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Chadwick, Anna Название: Markets, Constitutions, and Inequality ISBN: 1032044039 ISBN-13(EAN): 9781032044033 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Название: The Latin American Casebook ISBN: 1138483842 ISBN-13(EAN): 9781138483842 Издательство: Taylor&Francis Рейтинг: Цена: 7348.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
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