The Constitution of South Africa: A Contextual Analysis, Heinz Klug

Автор: Klug, Heinz J.
Название: Constitution of south africa
ISBN: 1841137375 ISBN-13(EAN): 9781841137377
Издательство: Hart Publishing
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Описание: This invaluable reference book presents the South African Constitution in its historical and social context.

Автор: Tushnet, Mark
Название: Constitution of the united states of america
ISBN: 1841137383 ISBN-13(EAN): 9781841137384
Издательство: Hart Publishing
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Цена: 2297.00 р.
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Описание: Covers the history and meaning of the United States` Constitution. This work is organised around two themes: the US Constitution is old, short, and difficult to amend, and it creates a structure of political opportunities that allows political actors to pursue the preferred policy goals even to the point of altering the very structure of politics.

Автор: Heun Werner
Название: Constitution of Germany
ISBN: 1841138681 ISBN-13(EAN): 9781841138688
Издательство: Hart Publishing
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Цена: 4275.00 р.
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Описание: This book is a detailed contextual examination of the constitution of Germany including its history.

Автор: Saunders, Cheryl
Название: Constitution of australia
ISBN: 1841137340 ISBN-13(EAN): 9781841137346
Издательство: Hart Publishing
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Цена: 4434.00 р.
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Описание: This book explains the form and operation of the Australian constitutional system, critically evaluates it and conveys the national debate.

Автор: Thiruvengadam, Arun K.
Название: Constitution of india
ISBN: 1841137367 ISBN-13(EAN): 9781841137360
Издательство: Bloomsbury Academic
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Цена: 4117.00 р.
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Описание: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world’s longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India’s existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution’s principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Автор: Matsui, Shigenori
Название: Constitution of japan
ISBN: 1841137928 ISBN-13(EAN): 9781841137926
Издательство: Hart Publishing
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Цена: 5226.00 р.
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Описание: This book explains Japan`s Constitution, together with a number of its unique characteristics alongside a useful historical background and context.

Автор: Miroslaw Granat, Katarzyna Granat
Название: The Constitution of Poland: A Contextual Analysis
ISBN: 1509913947 ISBN-13(EAN): 9781509913947
Издательство: Bloomsbury Academic
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Цена: 14256.00 р.
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Описание: This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, regulates a number of issues, such as public finances and sources of law, that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principles of independence and impartiality of the judiciary, fundamental rights and local government. Offering a contextual analysis, the book discusses the main philosophical ideas and value systems that influenced the drafters of the Constitution in the early 1990s. The authors argue that the value choices made reflect a compromise between the main political forces of the period. For instance, the Constitution invokes and balances multiple political, social and historic values, such that none is minimalized or excluded. This inclusive approach is especially visible in the preamble to the Constitution. Moreover the broad, modern catalogue of freedoms and rights in the Constitution reflect similar axiological concerns, anchoring human rights in the concept of human dignity. It is a vital resource for all those interested in Poland's constitution, and the rich comparative constitutional insights the country offers.

Автор: Husa, Jaakko
Название: Constitution of finland
ISBN: 1841138541 ISBN-13(EAN): 9781841138541
Издательство: Hart Publishing
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Цена: 4117.00 р.
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Описание: This book deals with the living Constitution of Finland, with an emphasis on constitutional history, culture, and practice.

Автор: Chaihark Hahm
Название: Constitution of South Korea: A Contextual Analysis
ISBN: 150991918X ISBN-13(EAN): 9781509919185
Издательство: Bloomsbury Academic
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Цена: 13464.00 р.
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Описание: The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea.The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea’s experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of ‘constitution without constitutionalism’. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a facade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.

Автор: Doyle Oran
Название: Constitution of Ireland
ISBN: 1509903437 ISBN-13(EAN): 9781509903436
Издательство: Bloomsbury Academic
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Цена: 4117.00 р.
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Описание: This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts’ interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.

Автор: Ulrich Haltern
Название: The Constitution of the European Union: A Contextual Analysis
ISBN: 1782257470 ISBN-13(EAN): 9781782257479
Издательство: Bloomsbury Academic
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Цена: 3958.00 р.
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Описание: This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

Автор: Silva, Virgilio Afonso Da
Название: Constitution of brazil
ISBN: 150993507X ISBN-13(EAN): 9781509935079
Издательство: Bloomsbury Academic
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Цена: 5384.00 р.
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Описание: This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil’s struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution’s transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.